HR 4351119th CongressIn Committee

To amend the Family and Medical Leave Act of 1993 to reduce the qualifying time for a spouse of an active duty member of the Armed Forces to take leave.

Introduced: Jul 10, 2025

Labor & Employment

Standard Summary

Comprehensive overview in 1-2 paragraphs

This bill would change the eligibility threshold for taking Family and Medical Leave Act (FMLA) leave for a specific group: spouses of active-duty military personnel. It amends Section 101(2) of the FMLA to replace the standard eligibility rule (which currently requires long-term employment) with a new rule stating that an eligible employee for this category is someone who has been employed for at least 90 calendar days by the employer. In short, it shortens the time a spouse must have worked for an employer before they can use FMLA leave when the service member is on covered active duty. The change is targeted only to this group; other FMLA eligibility criteria for other employees are not specified in this text. The bill is in the introduction stage and has not yet become law.

Key Points

1Amends FMLA Section 101(2) to create a special eligibility rule for spouses of active-duty service members on covered active duty.
2Replaces the existing 12-month employment requirement (the A subparagraph) with a 90-day employment requirement for this specific category.
3Applies only to spouses of service members participating in covered active duty; the rest of FMLA eligibility rules for other employees are not changed in this text.
4Does not specify changes to the duration of leave, job restoration, or other FMLA protections beyond the altered eligibility threshold.
5Introduced in the 119th Congress on July 10, 2025, sponsored by Ms. Strickland (with Mr. Bacon) and referred to education, workforce, oversight, government reform, and House administration committees.

Impact Areas

Primary group/area affected: Spouses of active-duty Armed Forces members on covered active duty. They would become eligible for FMLA leave after 90 days of employment, instead of the longer standard period.Secondary group/area affected: Employers of eligible spouses (typically covered employers under FMLA, such as those with 50+ employees within 75 miles). They would need to apply the new 90-day eligibility rule for this group and manage related administrative aspects.Additional impacts: Potential increase in early access to FMLA leave for military families, possible administrative adjustments by employers, and broader implications for military family readiness and resilience. The exact effect on leave duration, job protection, and interaction with remaining FMLA requirements depends on how the rest of the statute is applied alongside this new provision.

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