MIL FMLA Act
The MIL FMLA Act would substantially expand and extend family and medical leave rights for military families under the Family and Medical Leave Act (FMLA) of 1993, and would apply similar changes to federal civilian employees. Key changes include broadening who counts as a “family member” or equivalent, adding domestic partners as eligible for leave, and creating new categories of leave tied to caring for a covered servicemember or for a servicemember’s own serious injury or illness. Most notably, eligible employees could take up to 26 workweeks of leave in a 12-month period for certain military-related reasons, a change from the typical 12 weeks in FMLA. The bill also requires notice, certification, and maintenance of health benefits, and it preserves the overall framework of job protection and other FMLA protections, while imposing a combined cap on total leave taken in a year across the different military-related leave categories. In short, the MIL FMLA Act aims to make it easier for military families to care for service members and veterans by expanding who can take leave, extending the amount of leave available, and aligning private-sector and federal rules to ensure broader coverage and consistency.
Key Points
- 1Expands leave for military families to 26 workweeks in a 12-month period for Servicemember Family Leave (care for a covered servicemember) and for Veteran Leave (care related to a servicemember’s serious injury or illness), with a combined cap of 26 weeks across related categories.
- 2Broadens definitions of who is eligible for leave, including domestic partners and “any other individual whose close association is the equivalent of a family relationship” with a covered servicemember; adds comprehensive expansions to the list of recognized family relationships (e.g., in-laws, siblings, grandparents, uncles/aunts, etc.).
- 3Extends the 26-week entitlement to federal civilian employees (via changes to Title 5 and related provisions), mirroring the private-sector FMLA expansions.
- 4For the private sector, adds domestic partner recognition to the term “spouse” and ensures health benefits are maintained during extended leave; includes notice and certification adjustments to accommodate the new leaves.
- 5Allows leave taken intermittently or on a reduced schedule for the new military-related leaves, and reinforces enforcement and interrelation with existing FMLA procedures.