12 2 STA T . 12 9PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 me m b e r me dical l yunf i t t op erform t h e dutie s of the member ’ s office ,g rade, ran k , or rating . ’’. (2)ENTI T LEM ENT T O LE AV E. —S ection 10 2(a) of such A ct (2 9U .S. C .2 6 12(a)) is amended— (A) in paragraph (1), by adding at the end the follo w ing new subparagraph
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‘(E) B ecause of any q ualifying e x igency (as the Sec - retary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on acti v e duty (or has been notified of an impending call or order to active duty) in the Armed F orces in support of a contingency operation.’’
and (B) by adding at the end the following new paragraphs: ‘‘( 3 )SE R VI C EMEM B ER F AMIL Y LEAVE.—Sub j ect to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12- month period to care for the servicemember. T he leave described in this paragraph shall only be available during a single 12- month period. ‘‘( 4 ) COMBINE D LEAVE TOTAL.— D uring the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). N othing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.’’. (3) R E QU IREMENT S RELATIN G TO LEAVE.— (A) SC H EDULE.—Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended— (i) in paragraph (1), in the second sentence— ( I ) by striking ‘‘section 103(b)( 5 )’’ and inserting ‘‘subsection (b)(5) or (f) (as appropriate) of section 103’’; and (II) by inserting ‘‘or under subsection (a)(3)’’ after ‘‘subsection (a)(1)’’; (ii) in paragraph (1), by inserting after the second sentence the following new sentence: ‘‘Subject to sub- section (e)(3) and section 103(f), leave under subsection (a)(1)(E) may be taken intermittently or on a reduced leave schedule.’’; and (iii) in paragraph (2), by inserting ‘‘or under sub- section (a)(3)’’ after ‘‘subsection (a)(1)’’. (B) SUBSTITUTION OF P AID LEAVE.—Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended— (i) in paragraph (1)— (I) by inserting ‘‘(or 26 workweeks in the case of leave provided under subsection (a)(3))’’ after ‘‘12 workweeks’’ the first place it appears; and (II) by inserting ‘‘(or 26 workweeks, as appro- priate)’’ after ‘‘12 workweeks’’ the second place it appears; (ii) in paragraph (2)(A), by striking ‘‘or (C)’’ and inserting ‘‘(C), or (E)’’; and (iii) in paragraph (2)(B), by adding at the end the following: ‘‘An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave,
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