MIL FMLA Act
The MIL FMLA Act would substantially broaden and extend family and medical leave to better support military families. It expands who counts as a family for leave purposes (adding domestic partners and a wider set of relatives defined as equivalent to family), and it creates a new model of leave: both care for a covered servicemember and leave for the servicemember’s own serious injury or illness. The bill caps total leave at 26 workweeks in a 12-month period, allowing these military-specific leaves to be taken intermittently or in reduced schedules, and it extends these protections to federal civilian employees. It also updates certifications, notice requirements, and health-benefits maintenance to accommodate the expanded leave rights. Overall, the bill aims to make it easier for service members and their families to balance duty, caregiving, and recovery without sacrificing job protection.
Key Points
- 1Expanded family definitions and eligibility for leave
- 2- Adds domestic partners to the list of family members who can take leave to care for a covered servicemember.
- 3- Broadens “son or daughter” and other relative definitions to include cases regardless of age for servicemember-related leave, and recognizes many non-traditional family relationships (e.g., child of a domestic partner, in loco parentis relationships, etc.).
- 426 weeks of leave for military-related needs within 12 months
- 5- Allows an eligible employee to take a total of 26 workweeks of leave during a 12-month period to care for a covered servicemember (servicemember family leave).
- 6- Allows a separate 26-week leave for a servicemember’s own serious injury or illness (veteran leave), with the total limit across all relevant leave categories still capped at 26 weeks in a 12-month period.
- 7Combined leave limit and take-any-way flexibility
- 8- In a given 12-month period, the combined total of leave under the family-leave, servicemember-care leave, and veteran-leave provisions cannot exceed 26 workweeks.
- 9- Leave can be taken intermittently or on a reduced schedule as needed.
- 10Protections and administrative updates
- 11- Requires reasonable notice for foreseeable veteran-related leave.
- 12- Updates certification requirements and maintenance of health benefits to reflect the expanded leave categories.
- 13- Ensures enforcement references align with the broader set of leave rights and categories.
- 14Federal civilian employees covered
- 15- Extends these military-family leave rights to federal employees under Title 5, including expanded definitions of family, servicemember, and covered active duty.
- 16- Aligns the certification, notice, and health-benefits provisions for federal workers with the new framework.