H.R. 3296

119 HR 3296 IH: Making It Likely for Families of the Military to Live with Leave Access Act
 U.S. House of Representatives
 2025-05-08
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 I  119th CONGRESS  1st Session  H. R. 3296  IN THE HOUSE OF REPRESENTATIVES   May 8, 2025   Mrs. McClain Delaney  (for herself,  Mr. Moylan ,  Mr. Bacon ,  Ms. Budzinski ,  Mr. Carson ,  Mr. Carter of Louisiana ,  Mr. Cisneros ,  Mr. Fields ,  Mr. Fitzpatrick ,  Mr. Gottheimer ,  Ms. Houlahan ,  Mr. Hoyer ,  Mr. Landsman ,  Ms. Lee of Pennsylvania ,  Mr. Liccardo ,  Ms. McBride ,  Mr. Neguse ,  Mr. Olszewski ,  Ms. Pingree ,  Mr. Raskin ,  Mr. Thanedar ,  Ms. Tlaib , and  Mr. Carbajal ) introduced the following bill; which was referred to the  Committee on Education and Workforce , and in addition to the Committees on  Oversight and Government Reform , and  House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned   A BILL
To improve family and medical leave for military families, and for other purposes.
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  .
I
Amendments to Family and Medical Leave Act of 1993
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.
 .
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) .
II
Federal Civilian Employees
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 covered servicemember, mean a son or daughter of the sibling of the covered servicemember.
(v)
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.
(vi)
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).
(vii)
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.
(viii)
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).
 .
(2)
in subsection (e), by adding at the end the following:
(4)
In any case in which the necessity for leave under subsection (a)(3)(B) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.
 .
(c)
Certification
Section 6383 of title 5, United States Code, is amended—
(1)
in subsection (a), by striking  subparagraph (C) or (D) of section 6382(a)(1)  and inserting  subparagraph (C) or (D) of paragraph (1) of section 6382(a) or subparagraph (A) or (B) of paragraph (3) of such section ; and
(2)
in subsection (b)—
(A)
in paragraph (1), by inserting  or serious injury or illness, as the case may be,  after  serious health condition ; and
(B)
in paragraph (4)—
(i)
in subparagraph (A)—
(I)
by striking  section 6382(a)(1)(C)  and inserting  paragraph (1)(C) or paragraph (3)(A) of section 6382(a) ; and
(II)
by inserting  covered servicemember,  before  son  in each place it appears; and
(ii)
in subparagraph (B), by striking  section 6382(a)(1)(D)  and inserting  paragraph (1)(D) or paragraph (3)(B) of section 6382(a) .