Page:United States Statutes at Large Volume 123.djvu/2331

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123STA T . 2311 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Forces( ore xi s t e db e f ore t h ebe g i n ning of the m ember ’ s a cti v ed u t y and w as aggravated by service in l ine of duty on active duty in the A rmed Forces ) and that manifested itself before or after the member became a veteran .‘ ‘( 19 ) VET E RAN . —T he term ‘veteran’ has the meaning given the term in section 1 0 1 of title 38,U nited S tates C ode.’’. ( 4 )TE CH N I CA L A M EN D MENT.—Section 10 2 (e)(2)(A) of the Family and M edical L eave Act of 1993 (29 U.S.C. 2 6 12(e)(2)(A)) is amended by stri k ing ‘‘or p arent’’ and inserting ‘‘parent, or covered servicemember’’. ( 5 ) R E GU LATI O N S .— I n prescribing regulations to carry out the amendments made by this subsection, the Secretary of Labor shall consult with the Secretary of D efense and the Secretary of Veterans Affairs, as applicable. (b) LEA V E F OR CIVIL SERVICE E M P LO Y EES.— (1) E X IGENCY LEAVE FOR SERVICEMEM B ERS ON COVERED ACTIVE DUTY.— (A) DEFINITION.—Section 6381( 7 ) of title 5, United States Code, is amended to read as follows

‘‘(7) the term ‘covered active duty’ means— ‘‘(A) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country

and ‘‘( B ) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;’’. (B) LEAVE.—Section 6382 of title 5, United States Code, is amended— (i) in subsection (a)(1), by adding at the end the following: ‘‘(E) Because of any q ualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.’’; (ii) in subsection (b)(1), by inserting after the second sentence the following: ‘‘Sub j ect to subsection (e)(3) and section 6383(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.’’; (iii) in subsection (d), by striking ‘‘or (D)’’ and inserting ‘‘(D), or (E)’’; and (iv) in subsection (e), by adding at the end the following: ‘‘(3) In any case in which the necessity for leave under sub - section (a)(1)(E) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty, the employee shall provide such notice to the employer as is reasonable and practicable.’’. (C) CERTIFICATION.—Section 6383(f) of title 5, United States Code, is amended by striking ‘‘section 6382(a)(3)’’ and inserting ‘‘paragraph (1)(E) or (3) of section 6382(a)’’. 29USC 2 61 1 note.