I 
112TH CONGRESS 
2D SESSION 
H. R. 6188 
To amend title 38, United States Code, to grant family of members of 
the uniformed services temporary annual leave during the deployment 
of such members, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2012 
Mr. CARNAHAN (for himself, Mr. HONDA, Mr. RANGEL, Ms. WOOLSEY, Mr. 
KISSELL, Mr. FILNER, Ms. NORTON, and Mr. MCGOVERN) introduced 
the following bill; which was referred to the Committee on Veterans’ Af-
fairs 
A BILL 
To amend title 38, United States Code, to grant family 
of members of the uniformed services temporary annual 
leave during the deployment of such members, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Family Leave 
Act of 2012’’. 
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SEC. 2. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) IN GENERAL.—Part III of title 38, United States 
Code, is amended by adding at the end the following new 
chapter: 
‘‘CHAPTER 44—ANNUAL LEAVE FOR FAM-
ILY OF DEPLOYED MEMBERS OF THE 
UNIFORMED SERVICES 
‘‘Sec. 
‘‘4401. Definitions. 
‘‘4402. Leave requirement. 
‘‘4403. Certification. 
‘‘4404. Employment and benefits protection. 
‘‘4405. Prohibited acts. 
‘‘4406. Enforcement. 
‘‘4407. Miscellaneous provisions. 
‘‘§ 4401. Definitions 
‘‘In this chapter: 
‘‘(1) The terms ‘benefit’, ‘rights and benefits’, 
‘employee’, ‘employer’, and ‘uniformed services’ have 
the meaning given such terms in section 4303 of 
this title. 
‘‘(2) The term ‘contingency operation’ has the 
same meaning given such term in section 101(a)(13) 
of title 10. 
‘‘(3) The term ‘eligible employee’ means an in-
dividual who is— 
‘‘(A) a family member of a member of a 
uniformed service; and 
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‘‘(B) an employee of the employer with re-
spect to whom leave is requested under section 
4402 of this title. 
‘‘(4) The term ‘family member’ means an indi-
vidual who is, with respect to another individual, one 
of the following: 
‘‘(A) The spouse of the other individual. 
‘‘(B) A son or daughter of the other indi-
vidual. 
‘‘(C) A parent of the other individual. 
‘‘(5) The term ‘reduced leave schedule’ means a 
leave schedule that reduces the usual number of 
hours per workweek, or hours per workday, of an 
employee. 
‘‘(6) The terms ‘spouse’, ‘son or daughter’, and 
‘parent’ have the meaning given such terms in sec-
tion 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
‘‘§ 4402. Leave requirement 
‘‘(a) ENTITLEMENT TO LEAVE.—In any 12-month 
period, an eligible employee shall be entitled to two work-
weeks of leave for each family member of the eligible em-
ployee who, during such 12-month period— 
‘‘(1) is in the uniformed services; and 
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‘‘(2)(A) receives notification of an impending 
call or order to active duty in support of a contin-
gency operation; or 
‘‘(B) is deployed in connection with a contin-
gency operation. 
‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON RE-
DUCED LEAVE SCHEDULE.—(1) Leave under subsection 
(a) may be taken by an eligible employee intermittently 
or on a reduced leave schedule as the eligible employee 
considers appropriate. 
‘‘(2) The taking of leave intermittently or on a re-
duced leave schedule pursuant to this subsection shall not 
result in a reduction in the total amount of leave to which 
the eligible employee is entitled under subsection (a) be-
yond the amount of leave actually taken. 
‘‘(c) PAID
LEAVE
PERMITTED.—Leave granted 
under subsection (a) may consist of paid leave or unpaid 
leave as the employer of the eligible employee considers 
appropriate. 
‘‘(d) RELATIONSHIP TO PAID LEAVE.—(1) If an em-
ployer provides paid leave to an eligible employee for fewer 
than the total number of workweeks of leave that the eligi-
ble employee is entitled to under subsection (a), the addi-
tional amount of leave necessary to attain the total num-
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ber of workweeks of leave required under subsection (a) 
may be provided without compensation. 
‘‘(2) An eligible employee may elect, and an employer 
may not require the eligible employee, to substitute any 
of the accrued paid vacation leave, personal leave, or fam-
ily leave of the eligible employee for leave provided under 
subsection (a) for any part of the total period of such leave 
the eligible employee is entitled to under such subsection. 
‘‘(e) NOTICE FOR LEAVE.—In any case in which an 
eligible employee chooses to use leave under subsection 
(a), the eligible employee shall provide such notice to the 
employer as is reasonable and practicable. 
‘‘§ 4403. Certification 
‘‘(a) IN GENERAL.—An employer may require that 
a request for leave under section 4402(a) of this title be 
supported by a certification of entitlement to such leave. 
‘‘(b) TIMELINESS OF CERTIFICATION.—An eligible 
employee shall provide, in a timely manner, a copy of the 
certification required by subsection (a) to the employer. 
‘‘(c) SUFFICIENT CERTIFICATION.—A copy of the no-
tification, call, or order described in section 4402(a)(2) of 
this title shall be considered sufficient certification of enti-
tlement to leave for purposes of providing certification 
under this section. The Secretary may prescribe such addi-
tional forms and manners of certification as the Secretary 
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considers appropriate for purposes of providing certifi-
cation under this section. 
‘‘§ 4404. Employment and benefits protection 
‘‘(a) IN GENERAL.—An eligible employee who takes 
leave under section 4402 of this title for the intended pur-
pose of the leave shall be entitled, on return from such 
leave— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the eligible employee 
when the leave commenced; or 
‘‘(2) to be restored to an equivalent position 
with equivalent rights and benefits of employment. 
‘‘(b) LOSS OF BENEFITS.—The taking of leave under 
section 4402 of this title shall not result in the loss of 
any employment benefit accrued prior to the date on which 
the leave commenced. 
‘‘(c) LIMITATIONS.—Nothing in this section shall be 
construed to entitle any restored employee to— 
‘‘(1) the accrual of any seniority or employment 
benefits during any period of leave; or 
‘‘(2) any right, benefit, or position of employ-
ment other than any right, benefit, or position to 
which the employee would have been entitled had the 
employee not taken the leave. 
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‘‘§ 4405. Prohibited acts 
‘‘(a) EXERCISE OF RIGHTS.—It shall be unlawful for 
any employer to interfere with, restrain, or deny the exer-
cise of or the attempt to exercise, any right provided under 
this chapter. 
‘‘(b) DISCRIMINATION.—It shall be unlawful for any 
employer to discharge or in any other manner discriminate 
against any individual for opposing any practice made un-
lawful by this chapter. 
‘‘§ 4406. Enforcement 
‘‘The provisions of subchapter III of chapter 43 of 
this title shall apply with respect to the provisions of this 
chapter as if such provisions were incorporated into and 
made part of this chapter. 
‘‘§ 4407. Miscellaneous provisions 
‘‘The provisions of subchapter IV of chapter 43 of 
this title shall apply with respect to the provisions of this 
chapter as if such provisions were incorporated into and 
made part of this chapter.’’. 
(b) CLERICAL AMENDMENTS.—The table of chapters 
at the beginning of title 38, United States Code, and at 
the beginning of part III of such title, are each amended 
by inserting after the item relating to chapter 43 the fol-
lowing new item: 
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‘‘44. Annual Leave for Family of Deployed Members of 
the Uniformed Services ....................................... 4401.’’. 
Æ 
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