Medical Leave for Disabled Veterans Act

Bill: 114-hr-5165
Sponsor: full_name: Rep. Delaney, John K. [D-MD-6]
Introduced: 2016-05-03
Policy area: Labor and Employment
Subjects: Disability and paralysis

Employee leave

Hospital care

Veterans' education, employment, rehabilitation

Veterans' medical care
Latest action: action_date: 2016-09-19
text: Referred to the Subcommittee on Workforce Protections.

Summaries:
action_date: 2016-05-03
action_desc: Introduced in House
text: <p><strong>Medical Leave for Disabled Veterans Act</strong></p> <p>This bill amends the Family and Medical Leave Act of 1993 (FMLA) to provide eligibility for specified medical/hospital care for an employee who: (1) has a Department of Veterans Affairs (VA) disability rating of between 30% and 50% and at least 833 hours of service with the employer (from whom leave is requested) during the previous eight-month period, or (2) has a VA disability rating of 60% or higher and at least 625 hours of service with such employer during the previous 6-month period. </p> <p>Medical/hospital leave shall also be provided to an employee who is not covered by the above provision but who retired from the Armed Forces by reason of a service-connected disability: (1) rated at between 30% and 50% at retirement and who has at least 833 hours of service with such employer during the previous eight-month period, or (2) rated at 60% or higher at retirement and who has at least 625 hours of service with such employer during the previous 6-month period. </p> <p>(Under current law, employees of an FMLA-covered employer become eligible for medical leave after 12 months on the job and at least 1,250 hours of service with such employer during the previous 12-month period.) </p> <p>A employee must submit a certification to the employer from the VA or the Department of Defense, as appropriate, to be eligible for such adjustment.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5165 IN THE HOUSE OF REPRESENTATIVES May 3, 2016 Mr. Delaney (for himself, Ms. Bordallo , Ms. Clarke of New York , Mr. Connolly , Mr. Conyers , Mr. DeFazio , Mr. DeSaulnier , Ms. Edwards , Mr. Garamendi , Mr. Gibson , Mr. Grayson , Mr. Grijalva , Mr. Hastings , Mr. Honda , Mr. Jones , Mr. Keating , Mr. Larson of Connecticut , Mrs. Lawrence , Ms. Lee , Mr. McDermott , Mr. McGovern , Ms. Moore , Mrs. Napolitano , Ms. Norton , Mr. O’Rourke , Mr. Peterson , Ms. Pingree , Mr. Pocan , Mr. Rangel , Mr. Rush , Ms. Sinema , Mr. Takai , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Oversight and Government Reform and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Family and Medical Leave Act of 1993 to provide a partial exemption to veterans from the eligibility requirements, and for other purposes.

1. Short title This Act may be cited as the Medical Leave for Disabled Veterans Act . 2. Eligibility adjustment for veterans (a) Eligibility based on time in employment Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) ) is amended by adding at the end the following: (E) Veterans (i) Eligibility based on time in employment Notwithstanding the eligibility requirements in paragraph (2)(A), an employee who is a veteran shall be deemed an eligible employee for purposes of leave described in clause (iii) if— (I) such employee has a service-connected disability (as defined in section 101 of title 38, United States Code) rated at between 30 and 50 percent by the Secretary of Veterans Affairs and such employee has been employed for at least 8 months by the employer with respect to whom leave is requested under section 102 and has at least 833 hours of service with such employer during the previous 8-month period; (II) such employee has a service-connected disability rated at 60 percent or higher by the Secretary of Veterans Affairs and such employee has been employed for at least 6 months by the employer with respect to whom leave is requested under section 102 and has at least 625 hours of service with such employer during the previous 6-month period; or (III) such employee— (aa) is not covered under subclause (I) or (II); (bb) retired from the Armed Forces under chapter 61 of title 10, United States Code, by reason of a service-connected disability either— (AA) rated at between 30 and 50 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of such retirement; or (BB) rated at 60 percent or higher under such schedule; and (cc) either— (AA) with respect to an individual covered under subitem (AA) of item (bb), has been employed for at least 8 months by the employer with respect to whom leave is requested under section 102 and has at least 833 hours of service with such employer during the previous 8-month period; or (BB) with respect to an individual covered under subitem (BB) of such item, has been employed for at least 6 months by the employer with respect to whom leave is requested under section 102 and has at least 625 hours of service with such employer during the previous 6-month period. (ii) Certification To be eligible for the eligibility adjustment described in clause (i)— (I) an employee described in subclause (I) or (II) of such clause shall submit to the employer a certification from a Department of Veterans Affairs medical provider or from a non-Department of Veterans Affairs facility or medical provider through which the Secretary of Veterans Affairs has furnished hospital care or medical services to the employee under the laws administered by the Secretary; and (II) an employee described in subclause (III) of such clause shall submit to the employer a certification from the Secretary of Defense describing the retirement of the individual from the Armed Forces under chapter 61 of title 10, United States Code. (iii) Leave described Leave described in this clause is leave under section 102(a)(1)(E) that— (I) an employee described in subclause (I) or (II) of clause (i) takes to receive hospital care or medical services for which the employee is eligible to receive pursuant to chapter 17 of title 38, United States Code, regardless of whether such hospital care or medical services is furnished by the Department of Veterans Affairs; or (II) an employee described in subclause (III) of such clause takes to receive hospital care or medical services relating to the service-connected disability described in item (bb) of such subclause. . (b) Entitlement to leave Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(A)(1)) is amended by adding at the end the following new subparagraph: (F) In order to receive hospital care or medical services as a veteran for a service-connected disability, as described in section 101(2)(E). .