New MIL FMLA Act Expands Military Caregiver Leave to 26 Weeks, Includes Domestic Partners and 'Close Friends'

This new legislation, creatively titled the Making It Likely for Families of the Military to Live with Leave Access Act (MIL FMLA Act), is a major update to the Family and Medical Leave Act (FMLA). At its core, the bill significantly expands who can take job-protected leave and for how long when a military service member or veteran needs care. The biggest takeaway? Eligible employees—both in the private sector and federal government—can now take up to 26 workweeks of leave in a 12-month period specifically to care for a covered servicemember with a serious injury or illness, or if the employee is a covered servicemember themselves dealing with a service-related injury (SEC. 102).

Modernizing the Military Family Definition

One of the most impactful changes in this bill is how it defines "family." The FMLA has always struggled to keep up with modern relationships, but the MIL FMLA Act makes a big leap forward, especially for military families. It explicitly adds domestic partners to the list of people who can take leave to care for an injured servicemember, recognizing committed relationships regardless of marriage status (SEC. 101). Even more broadly, it expands the circle of eligible caregivers to include grandparents, siblings, aunts, uncles, and, crucially, “Any Other Individual” who has a close association with the servicemember that is “just like a family relationship,” even if there's no legal tie. This means that the childhood best friend or long-time neighbor who acts as a primary support system can now qualify for the 26 weeks of leave.

The New 26-Week Leave Entitlements

Before this, FMLA generally provided 12 weeks of leave. This bill creates two new, specific 26-week entitlements. First, the Servicemember Care Leave allows employees to take 26 weeks to care for a covered servicemember. Second, the Veteran Leave allows a covered servicemember who is also an employee to take 26 weeks of leave for their own serious service-related injury or illness that prevents them from working (SEC. 102). This is critical for veterans transitioning back to civilian life who may need extensive recovery time without losing their job.

The Fine Print on Stacking Leave

While 26 weeks sounds like a massive increase, there's a cap to consider. The bill clarifies that the total amount of FMLA leave an employee can take in a 12-month period—combining the new military leave with traditional FMLA leave (like parental leave or leave for your own non-service-related health condition)—cannot exceed a combined total of 26 workweeks (SEC. 102). You can’t stack 26 weeks of caregiving leave on top of 12 weeks of parental leave; the 26 weeks is the maximum for all qualifying reasons combined in that year. For employers, this means managing a longer potential absence, which will require careful planning and potentially hiring temporary staff to cover the gap.

Clarity for the Guard and Reserves

For members of the National Guard and Reserves, the bill provides much-needed clarity on what counts as qualifying active duty for leave purposes. It explicitly includes duty performed under Title 32 of the U.S. Code and certain “covered State active duty,” such as duty lasting 14 days or more or duty related to a major disaster declared by the President (SEC. 101). This ensures that reservists and guardsmen called up for state-level emergencies or extended training have the same FMLA protections as those deployed under federal orders.

Implementation Challenge: Defining “Close Bond”

The expansion of “family” to include “Any Other Individual” with a close bond is a huge benefit for non-traditional families, but it introduces a practical hurdle for employers. Since the bill doesn't provide objective criteria for what constitutes a “just like a family relationship,” employers will need to develop clear, fair standards for verifying this close bond without requiring intrusive personal details. Disputes over who qualifies for this 26-week leave are likely to arise until clear administrative guidance is established.