12 2 STA T . 1 3 1 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 atsuch t ime a nd in such manne r as the S ecretar y may b yre g u l ati o n p rescribe .If the Secretary issues a regulation re q uiring such certifi - cation , the employee shall pro v ide, in a timely manner, a copy of such certification to the employer. ’ ’. (F) F AILURETO RETUR N . — Section 104 (c) of such A ct ( 29U .S. C .2 6 14(c)) is amended— (i) in paragraph (2)( B )(i), by inserting ‘ ‘or under section 102(a)( 3 )’’ before the semicolon
and (ii) in paragraph (3)(A)— (I) in clause (i), by stri k ing ‘‘or’’ at the end; (II) in clause (ii), by striking the period and inserting ‘‘; or’’; and (III) by adding at the end the follo w ing
‘‘(iii) a certification issued by the health care pro- vider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).’’. ( G ) E N F OR C E M ENT.—Section 10 7 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in a case involving leave under section 102(a)(3))’’ after ‘‘12 weeks’’. ( H )IN S TRUCTIONAL EM P LO Y EES.—Section 10 8 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ‘‘or under section 102(a)(3)’’ after ‘‘section 102(a)(1)’’. (b) SER V ICEMEM B ER FAMILY L EAVE FOR CIVIL SERVICE EMPLOYEES.— (1) D EFINITIONS.—Section 6381 of title 5 , United States Code, is amended— (A) in paragraph (5), by striking ‘‘and’’ at the end; (B) in paragraph (6), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ‘‘(7) the term ‘active duty’ means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10; ‘‘(8) the term ‘covered servicemember’ means a member of the Armed Forces, including a member of the N ational Guard or R eserves, who is undergoing medical treatment, recuper- ation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for a serious in j ury or illness; ‘‘(9) the term ‘outpatient status’, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to— ‘‘(A) a military medical treatment facility as an out- patient; or ‘‘(B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients; ‘‘(10) the term ‘ne x t of kin’, used with respect to an indi- vidual, means the nearest blood relative of that individual; and ‘‘(11) the term ‘serious injury or illness’, in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in
�
