“A bill to improve family and medical leave for military families, and for other purposes.”
No CRS summary available for this bill.
This section revises definitions under the Family and Medical Leave Act of 1993 (FMLA) as follows: (1) in the definition of covered employer, replaces "employee" with "employee or covered servicemember" each place it appears; (2) revises the definition of son or daughter to cover, for servicemember and veteran leave under FMLA section 102(a)(1)(E) and (3), biological, adopted, foster, stepchildren, legal wards, children of persons standing in loco parentis, or children of a covered servicemember's domestic partner, regardless of age; (3) expands the definition of active duty to include, for reserve component members, duty under 10 U.S.C. §101(a)(13)(B), title 32, U.S. Code, or covered State active duty; (4) simplifies the definition of covered servicemember by removing requirements related to prior Armed Forces membership; (5) expands the definition of serious injury or illness to include conditions incurred in line of duty on active duty (or pre-existing but aggravated by such duty) for Armed Forces members (including National Guard or Reserves) or veterans; and (6) adds definitions of (20) any other individual whose close association is the equivalent of a family relationship (for covered servicemembers); (21) domestic partner; (22) grandchild; (23) grandparent; (24) nephew and niece; (25) parent-in-law; (26) sibling; (27) son-in-law and daughter-in-law; (28) uncle and aunt (all for covered servicemembers); (29) covered State active duty; and (30) State active duty. (Thus, these changes expand the family relationships for which eligible employees may take FMLA leave to care for or address exigencies related to covered servicemembers.)
This section amends the Family and Medical Leave Act of 1993 (FMLA) as follows: (1) expands qualifying exigency leave under FMLA section 102(a)(1)(E) to cover domestic partners (in addition to spouses) of servicemembers on covered active duty; (2) expands servicemember family leave under FMLA section 102(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 equivalent family relationship of a covered servicemember (previously limited to spouse, son, daughter, parent, or next of kin), entitling such employees to up to 26 workweeks of leave in a 12-month period to care for the servicemember; (3) revises the combined leave total under FMLA section 102(a)(4) to limit eligible employees to not more than 26 workweeks under paragraphs (1), (3), and (6) in any 12-month period (previously paragraphs (1) and (3) during the single 12-month period described in paragraph (3)); and (4) adds FMLA section 102(a)(6) to entitle covered servicemembers described in section 101(15)(B) (i.e., certain veterans) to up to 26 workweeks of leave in a 12-month period due to their own serious injury or illness that prevents performing job functions. (As background, the FMLA generally entitles eligible employees of covered employers to up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons; servicemember family leave provides up to 26 workweeks to care for a covered servicemember with a serious injury or illness.) The section makes conforming changes throughout FMLA sections 102 and 103, including for intermittent leave, paid leave coordination, notice requirements, certification, health benefits maintenance, and enforcement.
This section amends Family and Medical Leave Act (FMLA) provisions applicable to federal civilian employees (5 U.S.C. §§ 6381-6383) as follows: (1) revises definitions in §6381, including expanding "son or daughter" to cover biological, adopted, foster, stepchildren, legal wards, or children of loco parentis (under age 18 or 18+ and incapable of self-care due to disability, or regardless of age for certain bereavement or military exigency leave), defining "covered active duty" to include specified reserve and National Guard deployments plus State active duty (14+ days, or in response to a national emergency or major disaster declaration under 42 U.S.C. §5170), broadening "serious injury or illness" for servicemembers/veterans to include line-of-duty conditions (or pre-existing conditions aggravated by active duty service), and defining "spouse" to include domestic partners for servicemember care leave; (2) revises §6382 leave entitlements to expand eligible family relationships for 26 workweeks of servicemember care leave (during a 12-month period) to spouses/domestic partners, parents/parents-in-law, grandparents, grandchildren, siblings, uncles/aunts, nephews/nieces, sons-/daughters-in-law, or any individual with a significant personal bond equivalent to family (regardless of biological/legal ties), and entitles covered servicemembers themselves to 26 workweeks of leave for their own serious injury or illness, while adding a notice requirement for foreseeable servicemember leave; and (3) revises §6383 certification requirements. (As background, these FMLA provisions generally provide federal employees up to 12 workweeks of unpaid leave per 12-month period for qualifying family/medical reasons and 26 workweeks for caring for a servicemember with a serious injury or illness incurred in the line of duty.)