H.R. 3296 — MIL FMLA Act

This section revises definitions under the Family and Medical Leave Act of 1993 (FMLA) as follows: (1) in the definition of covered servicemember (para. (7)), replaces "employee" with "employee or covered servicemember" each place it appears; (2) expands the definition of son or daughter (para. (12)) to include, for servicemember and veteran leave under FMLA sec. 102(a)(1)(E) and (3), a biological, adopted, or foster child, stepchild, legal ward, child of a person standing in loco parentis, or child of a covered servicemember's domestic partner, regardless of age; (3) expands active duty (para. (14)) for reserve component members to include covered State active duty; (4) simplifies the covered servicemember definition (para. (15)(B)) by striking requirements related to prior Armed Forces membership; (5) expands serious health condition (para. (18)) to include, for Armed Forces members (including National Guard and Reserves) or veterans, conditions incurred in line of duty on active duty or pre-existing conditions aggravated by such service; and (6) adds new definitions (paras. (20)-(30)) for covered servicemember care, including any other individual whose close association is the equivalent of a family relationship, domestic partner, grandchild, grandparent, nephew, niece, parent-in-law, sibling, son-in-law, daughter-in-law, uncle, aunt, covered State active duty (i.e., State active duty of 14+ days, or in response to a national emergency or major disaster), and State active duty. (Thus, these changes broaden family relationships and military service triggers qualifying for up to 26 workweeks of job-protected leave per year to care for certain servicemembers with serious injuries or illnesses.)

This section amends the Family and Medical Leave Act (FMLA) to (1) include domestic partners (in addition to spouses) as eligible family members for qualifying exigency leave related to a servicemember's covered active duty under new subsection (a)(1)(E); (2) expand servicemember family leave under subsection (a)(3) to eligible employees who are 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, next of kin, or any other individual whose close association is the equivalent of a family relationship with a covered servicemember (previously limited to spouse, son, daughter, parent, or next of kin), entitling them to 26 workweeks of leave in a 12-month period to care for the servicemember; (3) establish a new veteran leave entitlement under subsection (a)(6) for covered servicemembers (i.e., veterans within five years of discharge with a serious injury or illness incurred in the line of duty), providing 26 workweeks of leave in a 12-month period due to the employee's own serious injury or illness that prevents performance of job functions; and (4) limit combined FMLA leave under subsections (a)(1), (a)(3), and (a)(6) to 26 workweeks in any 12-month period (previously limited to 26 workweeks under (a)(1) and (a)(3) during the servicemember leave period). (As background, the FMLA generally entitles eligible employees to 12 workweeks of unpaid, job-protected leave per 12-month period for specified family and medical reasons; servicemember family leave provides 26 workweeks to care for certain injured or ill servicemembers.) The section makes conforming amendments to FMLA provisions on intermittent leave, paid leave coordination, notice, certification, health benefits continuation, and enforcement to account for the new veteran leave and reference updates.

This section revises Family and Medical Leave Act (FMLA) provisions applicable to federal civilian employees (5 U.S.C. §§ 6381 et seq.) concerning leave to care for servicemembers with serious injuries or illnesses incurred during covered active duty, as follows: (1) In the definitions (§ 6381), (A) expands "son or daughter" to include biological, adopted, foster, stepchildren, legal wards, or children of a person standing in loco parentis who are under 18 years old or 18 or older and incapable of self-care due to disability (and, for specified leave purposes, regardless of age); (B) defines "covered active duty" to include, for reserve component members, duty under specified federal laws, title 32, or State active duty for 14 or more days, State active duty responding to a presidentially declared national emergency (50 U.S.C. § 1601 et seq.), or State active duty responding to a major disaster declared by the President under the Stafford Act (42 U.S.C. § 5170); (C) broadens "serious injury or illness" to cover servicemembers' or veterans' line-of-duty conditions (including those aggravated by service); and (D) defines "spouse," for specified leave, to include a domestic partner (i.e., an adult in a committed relationship, including same-sex). (2) In leave entitlements (§ 6382(a)(3)), expands eligible relatives entitled to 26 workweeks of leave during a 12-month period to care for a covered servicemember to include spouse or domestic partner, son or daughter, son- or daughter-in-law, parent or parent-in-law, grandparent, sibling, uncle or aunt, nephew or niece, next of kin, or any other individual with a close association equivalent to a family relationship (with definitions provided); entitles covered servicemembers themselves to 26 workweeks of leave for their own serious injury or illness; and requires reasonable notice when the need for such servicemember leave is foreseeable (§ 6382(e)). (3) Amends certification requirements for FMLA leave (§ 6383(a)).