Sec. 102. Leave requirement
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Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ) is amended— in paragraph (1)(E), by inserting or domestic partner after spouse ; by amending paragraph
(3)to read as follows: Notwithstanding paragraph
(1)and subject to section 103, an eligible employee who is the spouse or domestic partner, son or daughter, son-in-law or daughter-in-law, parent, parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, or next of kin of a covered servicemember, or any other individual whose close association is the equivalent of a family relationship with a covered servicemember, shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. ; by amending paragraph
(4)to read as follows: Subject to subsection (d)(3), an eligible employee shall be entitled to not more than a combined total of 26 workweeks of leave under paragraphs (1), (3), and
(6)during any 12-month period. ; and by adding at the end the following: Notwithstanding paragraph
(1)and subject to section 103, an eligible employee who is a covered servicemember described in section 101(15)(B) shall be entitled to a total of 26 workweeks of leave during a 12-month period because of a serious injury or illness that makes the employee unable to perform the functions of the position of such employee. . Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by striking subsection (a)(3) and inserting paragraph
(3)or
(6)of subsection
(a). Section 102(b)(2) of such Act ( 29 U.S.C. 2612(b)(2) ) is amended by striking subsection (a)(3) and inserting paragraph
(3)or
(6)of subsection
(a). Section 102(d) of such Act ( 29 U.S.C. 2612(d) ) is amended— in paragraph
(1)by striking under subsection (a)(3)) and inserting under paragraph
(3)or
(6)of subsection (a)) ; and in paragraph (2)(B), by striking subsection (a)(3) and inserting paragraph
(3)or
(6)of subsection
(a). Section 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following: In any case in which the necessity for leave under subsection (a)(6) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable. . Section 103(a) of such Act ( 29 U.S.C. 2613(a) ) is amended by inserting or
(6)after paragraph
(3). Section 104(c) of such Act ( 29 U.S.C. 2614(c) ) is amended— in paragraph (2)(B)(i)— by inserting or a serious injury or illness, as the case may be, after serious health condition ; and by striking section 102(a)(3) and inserting paragraph
(3)or
(6)of section 102(a) ; and in paragraph (3)— in subparagraph (A)— in clause (ii), by striking or ; in clause (iii), by striking the period at the end and inserting ; or ; and by adding at the end the following: a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a serious injury or illness specified in section 102(a)(6). ; and in subparagraph (C), by adding at the end the following: The certification described in subparagraph (A)(iv) shall be sufficient if the certification states that a serious injury or illness prevented the employee from being able to perform the functions of the position of the employee on the date that the leave of the employee expired. The certification described in subparagraph (A)(i) shall be sufficient if the certification states that the employee is needed to care for covered servicemember on the date that the leave of the employee expired. . Section 107(a)(1)(A)(i)(II) of such Act ( 29 U.S.C. 2617(a)(1)(A)(i)(II) ) is amended by striking section 102(a)(3) and inserting paragraph
(3)or
(6)of section 102(a) .
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