119-s1710

[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 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).''; and

    (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) ''.
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