[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1710 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1710
To improve family and medical leave for military families, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2025
Ms. Duckworth (for herself, Ms. Klobuchar, Mr. Blumenthal, and Ms.
Alsobrooks) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To improve family and medical leave for military families, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making It Likely for Families of the
Military to Live with Leave Access Act'' or the ``MIL FMLA Act''.
TITLE I--AMENDMENTS TO FAMILY AND MEDICAL LEAVE ACT OF 1993
SEC. 101. DEFINITIONS.
Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611) is amended--
(1) in paragraph (7), by striking ``employee'' each place
it appears and inserting ``employee or covered servicemember'';
(2) by amending paragraph (12) to read as follows:
``(12) Son or daughter.--
``(A) In general.--Subject to subparagraph (B), the
term `son or daughter' means a biological, adopted, or
foster child, a stepchild, a legal ward, or a child of
a person standing in loco parentis, who is--
``(i) under 18 years of age; or
``(ii) 18 years of age or older and
incapable of self-care because of a mental or
physical disability.
``(B) Servicemember and veteran leave.--For the
purposes of leave under paragraphs (1)(E) and (3) of
section 102(a), the term `son or daughter' means,
regardless of age, a biological, adopted, or foster
child, a stepchild, a legal ward, a child of a person
standing in loco parentis, or the child of a covered
servicemember's domestic partner.'';
(3) in paragraph (14), by amending subparagraph (B) to read
as follows:
``(B) in the case of a member of a reserve
component of the Armed Forces--
``(i) duty during the deployment of the
member with the Armed Forces under a call or
order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title
10, United States Code;
``(ii) duty pursuant to title 32, United
States Code; or
``(iii) covered State active duty.'';
(4) in paragraph (15)(B), by striking ``and who was a
member of the Armed Forces'' and all that follows through the
period at the end of the subparagraph and inserting a period;
(5) in paragraph (18)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B)--
(i) by striking ``at any time during a
period described in paragraph (15)(B)''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(C) in the case of either a member of the Armed
Forces (including a member of the National Guard or
Reserves), or a veteran who was such a member, a
serious health condition that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed 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).''.
(6) by adding at the end the following:
``(20) Any other individual whose close association is the
equivalent of a family relationship.--The term `any other
individual whose close association is the equivalent of a
family relationship', used with respect to a covered
servicemember, means any person with whom the covered
servicemember has a significant personal bond that is or is
like a family relationship, regardless of biological or legal
relationship.
``(21) Domestic partner.--The term `domestic partner', used
with respect to an employee or covered servicemember, means an
adult in a committed relationship with the employee or covered
servicemember, including same-sex and opposite-sex
relationships.
``(22) Grandchild.--The term `grandchild', used with
respect to a covered servicemember, means the son or daughter
of the covered servicemember.
``(23) Grandparent.--The term `grandparent', used with
respect to a covered servicemember, means a parent of a parent
of the covered servicemember.
``(24) Nephew; niece.--The terms `nephew' and `niece', used
with respect to a covered servicemember, mean a son or daughter
of the sibling of the covered servicemember.
``(25) Parent-in-law.-- The term `parent-in-law', used with
respect to a covered servicemember, means a parent of the
spouse or domestic partner of the covered servicemember.
``(26) Sibling.--The term `sibling', used with respect to a
covered servicemember, means any person who is a son or
daughter of parent of the covered servicemember (other than the
covered servicemember).
``(27) Son-in-law; daughter-in-law.--The terms `son-in-law'
and `daughter-in-law', used with respect to a covered
servicemember, mean any person who is a spouse or domestic
partner of a son or daughter, as the case may be, of the
covered servicemember.
``(28) Uncle; aunt.--The terms `uncle' and `aunt', used
with respect to a covered servicemember, mean the son or
daughter, as the case may be, of the grandparent of the covered
servicemember (other than the parent of the covered
servicemember).
``(29) Covered state active duty.--The term `covered State
active duty' means State active duty for a period of 14 days or
more, State active duty in response to a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.), or State active duty in response to a
major disaster declared by the President under section 401 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170).
``(30) State active duty.--The term `State active duty' has
the same meaning given the term in section 4303(15) of title
38, United States Code.''.
SEC. 102. LEAVE REQUIREMENT.
(a) In General.--Section 102(a) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)) is amended--
(1) in paragraph (1)(E), by inserting ``or domestic
partner'' after ``spouse'';
(2) by amending paragraph (3) to read as follows:
``(3) Servicemember family leave.--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.'';
(3) by amending paragraph (4) to read as follows:
``(4) Combined leave total.--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
(4) by adding at the end the following:
``(6) Veteran leave.--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.''.
(b) Leave Taken Intermittently or on a Reduced Leave Schedule.--
(1) In general.--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)''.
(2) Alternative position.--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)''.
(c) Relationship to Paid Leave.--Section 102(d) of such Act (29
U.S.C. 2612(d)) is amended--
(1) in paragraph (1) by striking ``under subsection
(a)(3))'' and inserting ``under paragraph (3) or (6) of
subsection (a))''; and
(2) in paragraph (2)(B), by striking ``subsection (a)(3)''
and inserting ``paragraph (3) or (6) of subsection (a)''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following:
``(4) Notice for veteran leave.--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.''.
(e) Certification.--Section 103(a) of such Act (29 U.S.C. 2613(a))
is amended by inserting ``or (6)'' after ``paragraph (3)''.
(f) Maintenance of Health Benefits.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(1) in paragraph (2)(B)(i)--
(A) by inserting ``or a serious injury or illness,
as the case may be,'' after ``serious health
condition''; and
(B) by striking ``section 102(a)(3)'' and inserting
``paragraph (3) or (6) of section 102(a)''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``or'';
(ii) in clause (iii), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iv) 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
(B) in subparagraph (C), by adding at the end the
following:
``(iii) Leave due to a serious injury or
illness of employee.--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.
``(iv) Leave due to a serious injury or
illness of a family member who is a
servicemember.--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.''.
(g) Enforcement.--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)''.
TITLE II--FEDERAL CIVILIAN EMPLOYEES
SEC. 201. EMPLOYEES COVERED BY TITLE 5, UNITED STATES CODE.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) in paragraph (3), by striking ``employee'' each place
it appears and inserting ``employee or covered servicemember'';
(2) by striking paragraphs (6) and (7) and inserting the
following:
``(6) the term `son or daughter' means a biological,
adopted, or foster child, a stepchild, a legal ward, or a child
of a person standing in loco parentis--
``(A) who is--
``(i) under 18 years of age; or
``(ii) 18 years of age or older and
incapable of self-care because of a mental or
physical disability; or
``(B) for the purposes of leave under section
6382(a)(1)(e) or section 6382(a)(3)(A), includes
(regardless of age) any child, stepchild, legal ward,
or child of a person standing in loco parentis;
``(7) the term `covered active duty' means--
``(A) in the case of a member of a regular
component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a
foreign country; and
``(B) in the case of a member of a reserve
component of the Armed Forces--
``(i) duty during the deployment of the
member with the Armed Forces under a call or
order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title
10;
``(ii) duty pursuant to title 32; or
``(iii) State active duty (defined for
purposes of this clause as having the meaning
of such term in section 4303(15) of title 38)
for a period of 14 days or more, State active
duty in response to a national emergency
declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.), or
State active duty in response to a major
disaster declared by the President under
section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5170);'';
(3) in paragraph (8)(B), by striking ``and who was''
through ``therapy;'' and inserting a semicolon;
(4) in paragraph (11)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) in subparagraph (B)--
(i) by striking ``at any time during a
period described in paragraph (8)(B)''; and
(ii) by striking ``and'' at the end; and
(C) by inserting after subparagraph (B) the
following:
``(C) in the case of either a member of the Armed
Forces (including a member of the National Guard or
Reserves), or a veteran who was such a member, a
serious health condition that was incurred by the
member in line of duty on active duty in the Armed
Forces (or existed 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);'';
(5) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(6) by adding at the end the following:
``(13) the term `spouse', used with respect to an employee
for leave under section 6382(a)(1)(E), includes a domestic
partner (defined as an adult in a committed relationship with
another adult, including same-sex and opposite-sex
relationships).''.
(b) Servicemember Care and Veteran Leave.--Section 6382 of title 5,
United States Code, is amended--
(1) by striking subsection (a)(3) and inserting the
following:
``(3)(A) Subject to section 6383, an employee who is the
spouse, 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.
``(B) Subject to section 6383, an employee who is a covered
servicemember 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.
``(C) For the purposes of subparagraph (A), the following
definitions apply:
``(i) Any other individual whose close association
is the equivalent of a family relationship.--The term
`any other individual whose close association is the
equivalent of a family relationship', used with respect
to a covered servicemember, means any person with whom
the covered servicemember has a significant personal
bond that is or is like a family relationship,
regardless of biological or legal relationship.
``(ii) Grandchild.--The term `grandchild', used
with respect to a covered servicemember, means the son
or daughter of the covered servicemember.
``(iii) Grandparent.--The term `grandparent', used
with respect to a covered servicemember, means a parent
of a parent of the covered servicemember.
``(iv) Nephew; niece.--The terms `nephew' and
`niece', used with respect to a co