Military Family Support Act of 2005 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver (a federal employee at least 21 years of age capable of providing care to a child or other dependent family member of a member of the Armed Forces) to: (1) use any available sick leave for the provision of such care in the same manner as annual leave is used; and (2) use any federal leave available to that caregiver as though that period of caregiving is a medical emergency. Requires the service member: (1) for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized; and (2) to designate the caregiver for his or her family. Terminates the program on December 31, 2007.
Directs the Secretary of Labor to: (1) establish a program to authorize employees of private businesses to use sick or any other leave for caregiving in the same manner as above; and (2) solicit businesses to voluntarily participate in the program. Requires caregiver designation. Terminates the program on December 31, 2007.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1888 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1888
To provide for 2 programs to authorize the use of leave by caregivers
for family members of certain individuals performing military service,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2005
Mr. Jeffords (for himself and Mr. Feingold) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To provide for 2 programs to authorize the use of leave by caregivers
for family members of certain individuals performing military service,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Support Act of
2005''.
SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF
INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(3) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' has the
meaning given under section 6331 of title 5, United
States Code.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a
covered period of service in the same manner and to the
same extent as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United
States Code, during a covered period of service as
though that covered period of service is a medical
emergency.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing agency and the
Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(4) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' means an
employee of a business entity participating in the
program under this subsection.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall
establish a program to authorize employees of business
entities described under paragraph (3) to use sick
leave, or any other leave available to an employee,
during a covered period of service in the same manner
and to the same extent as annual leave (or its
equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to
leave made available under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing business entity.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(c) GAO Report.--Not later than June 30, 2007, the Government
Accountability Office shall submit a report to Congress on the programs
under subsections (a) and (b) that includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S11561-11563)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S11563-11564)
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
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