123STA T . 231 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(I)bystrik i ng‘ ‘ ac ti vedu ty ’ ’ eac hpl ace it appears and inserting ‘‘c o vered active duty’’
and (II) by striking ‘‘in support o f a contingency operation’’; and (ii) in subsection (e)( 3 ) — (I) in the paragraph heading , by striking ‘‘ ACTIVEDU T Y ’’ and inserting ‘‘C O VE R ED ACTIVE DUTY’’; (II) by striking ‘‘active duty’’ each place it appears and inserting ‘‘covered active duty’’; and (III) by striking ‘‘in support of a contingency operation’’ . ( C )CO NF OR M IN G AMENDMENT.— S ection 10 3(f) of the F a m ily and M edical L eave A ctof1 9 93( 2 9 U .S.C. 2 6 13(f)) is amended, in the subsection heading, by striking ‘‘ACTIVE D UTY’’ each place it appears and inserting ‘‘COVERED ACTIVE DUTY’’. (2) DEFINITION OF COVERED S ERVICEMEM B ER.— P aragraph (1 5 ) of section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) is amended to read as follo w s
‘‘(15) COVERED SERVICEMEMBER.— T he term ‘covered serv - icemember’ means— ‘‘(A) a member of the Armed Forces (including a member of the N ational G uard or R eserves) who is under- going medical treatment, recuperation, or therapy, is other- wise in outpatient status, or is otherwise on the temporary disability retired list, for a serious in j ury or illness; or ‘‘( B ) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuper- ation, or therapy.’’. (3) DEFINITIONS OF SERIOUS IN J URYORI L LNESS; VETERAN.— Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is further amended by striking paragraph (1 8 ) (as redesignated by paragraph (1)(A)(ii)) and inserting the following: ‘‘(18) SERIOUS INJURY OR ILLNESS.—The term ‘serious injury or illness’— ‘‘(A) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or e x isted before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating; and ‘‘(B) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period described in paragraph (15)(B), means a q ualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed
