New MIL FMLA Act Grants Military Families and Vets 26 Weeks of Dedicated Leave for Care and Recovery

The new Making It Likely for Families of the Military to Live with Leave Access Act (MIL FMLA Act) is a major update to the federal Family and Medical Leave Act (FMLA), specifically targeting military families and veterans. Essentially, this bill carves out significant, dedicated leave time for employees dealing with service-related injuries or illnesses, both for themselves and for their loved ones.

The 26-Week Rule: New Leave for Care and Recovery

Under current law, an eligible employee can generally take 12 workweeks of FMLA leave for most family or medical reasons. This bill changes the game by creating two new, specialized entitlements, both set at 26 workweeks of leave within a 12-month period. The catch? You still can’t take more than 26 total weeks of FMLA leave combined in that 12-month period. Think of it as a specialized bucket that allows certain people to use the full 26 weeks for military-related care, rather than having to use the general 12-week bucket.

First, if you are the spouse, domestic partner, child, parent, or a wide array of other relatives of a “covered servicemember,” you can take up to 26 weeks to care for that service member. This is a huge expansion for military families, allowing them to provide extended care without having to burn their standard FMLA time. Second, if you are a covered servicemember or veteran yourself, and you have a serious injury or illness incurred in the line of duty that prevents you from doing your job, you also get up to 26 weeks for your own recovery. This is separate from the standard 12 weeks of FMLA for your own serious health condition, acknowledging the unique nature of service-related injuries.

Expanding the Definition of Family (And Who Qualifies)

This bill modernizes who counts as family, which is critical for accessing the new 26-week leave. It explicitly includes domestic partners (same-sex or opposite-sex) alongside spouses when taking leave to care for a service member. This acknowledges the reality of modern relationships and ensures partners have the same rights to provide care.

Furthermore, the bill significantly broadens the list of relatives who qualify for this care leave. It now includes grandparents, grandchildren, aunts, uncles, nieces, nephews, and in-laws. Most notably, it adds a catch-all term for any other individual whose close relationship with the servicemember is “like a family relationship.” This provision, while helpful for servicemembers whose support network might not fit a traditional mold, could lead to some administrative headaches for employers trying to verify a “significant personal bond that functions like family” under the law.

What This Means for Your Workplace

For military families and veterans, this bill offers a substantial safety net, providing job protection and health benefits continuity during crucial recovery periods. For example, if a reservist is called to “covered State active duty” (defined as 14 days or more, or duty related to a national disaster), their family’s leave rights are clearly protected.

However, for employers and co-workers, this means managing a significantly more complex leave system. Businesses must now track the standard 12 weeks, the specialized 26 weeks for military care, and the specialized 26 weeks for veteran self-care, all while ensuring the combined total doesn’t exceed 26 weeks in a 12-month period. This complexity, coupled with the new, broader definition of family, means HR departments will have a heavy lift in updating policies and training managers to avoid violations and potential damages under the updated enforcement rules. For co-workers, this could mean covering up to six months of duties for a colleague taking specialized military leave.