12 2 STA T . 1 30PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 family l e a v e ,or me d i c al or s ic k leave of th eem p loyee for leave provided un der su b section ( a ) ( 3 ) for any part of the 26-w eek period of such leave under such sub- section, e x cept that nothin g in this title re q uires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave .’ ’. ( C ) NOTICE . —S ection 10 2(e) of such A ct (2 9U .S.C. 2612(e)) is amended— (i) in paragraph (2), by inserting ‘ ‘or under sub- section (a)(3)’’ after ‘‘subsection (a)(1)’’
and (ii) by adding at the end the following new para- graph
‘‘(3) NOTICE F O RL E AV E DU E TO ACTIVE DUT Y OF FA M ILY MEM B ER.— I n any case in which the necessity for leave under subsection (a)(1)( E ) is foreseeable, whether because the spouse, or a son, daughter, or parent, of the employee is on active duty, or because of notification of an impending call or order to active duty in support of a contingency operation, the employee shall provide such notice to the employer as is reason- able and practicable.’’. ( D )S P OU S ES EMPLOYED BY SAME EMPLOYER.—Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended— (i) by redesignating paragraphs (1) and (2) as sub- paragraphs (A) and ( B ), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A); (ii) by striking ‘‘In any’’ and inserting the following: ‘‘(1) I NG ENERAL.—In any’’; and (iii) by adding at the end the following: ‘‘(2) SERVICEMEMBER FAMILY LEAVE.— ‘‘(A) IN GENERAL.— T he aggregate number of work- weeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 work- weeks during the single 12-month period described in sub- section (a)(3) if the leave is— ‘‘(i) leave under subsection (a)(3); or ‘‘(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1). ‘‘(B) BOT H LIMITATIONS APPLICABLE.—If the leave taken by the husband and wife includes leave described in para- graph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).’’. (E) CERTIFICATION RE Q UIREMENTS.—Section 103 of such Act (29 U.S.C. 2613) is amended— (i) in subsection (a)— (I) by striking ‘‘section 102(a)(1)’’ and inserting ‘‘paragraph (1) or paragraph (3) of section 102(a)’’; and (II) by inserting ‘‘or of the next of kin of an individual in the case of leave taken under such paragraph (3),’’ after ‘‘parent of the employee,’’; and (ii) by adding at the end the following: ‘‘(f) CERTIFICATION R ELATED TO ACTIVE DUTY OR CALL TO ACTIVE DUTY.—An employer may require that a request for leave under section 102(a)(1)(E) be supported by a certification issued
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