S. 1710

119th CONGRESS 1st Session

To improve family and medical leave for military families, and for other purposes.

IN THE SENATE OF THE UNITED STATES · May 12, 2025 · Sponsor: Ms. Duckworth · Committee: Committee on Health, Education, Labor, and Pensions

S. 1710

SEC. 1. Short title

This Act may be cited as the or the .

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 () is amended— 29 U.S.C. 2611
- in paragraph (7), by striking each place it appears and inserting employee or covered servicemember;
- by amending paragraph (12) to read as follows:
- in paragraph (14), by amending subparagraph (B) to read as follows:
- in paragraph (15)(B), by striking and all that follows through the period at the end of the subparagraph and inserting a period;
- in paragraph (18)—
- by adding at the end the following:

Sec. 102. Leave requirement

(a) In General
- Section 102(a) of the Family and Medical Leave Act of 1993 () is amended— 29 U.S.C. 2612(a)
- In General
  - in paragraph (1)(E), by inserting after ;
  - 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.
  - 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.
    - (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.
  - by adding at the end the following:
(b) Leave Taken Intermittently or on a Reduced Leave Schedule
- (1) In general
  - Section 102(b)(1) of such Act () is amended by striking subsection (a)(3)and inserting paragraph (3) or (6) of subsection (a). 29 U.S.C. 2612(b)(1)
- (2) Alternative position
  - Section 102(b)(2) of such Act () is amended by striking subsection (a)(3)and inserting paragraph (3) or (6) of subsection (a). 29 U.S.C. 2612(b)(2)
(c) Relationship to paid leave
- Section 102(d) of such Act () is amended— 29 U.S.C. 2612(d)
  - in paragraph (1) by striking under subsection (a)(3))and inserting under paragraph (3) or (6) of subsection (a)); and
  - 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 () is amended by adding at the end the following: 29 U.S.C. 2612(e)
  - (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 () is amended by inserting after . 29 U.S.C. 2613(a)
(f) Maintenance of health benefits
- Section 104(c) of such Act () is amended— 29 U.S.C. 2614(c)
  - in paragraph (2)(B)(i)—
    - by inserting after ; and
    - by striking section 102(a)(3)and inserting paragraph (3) or (6) of section 102(a); and
  - in paragraph (3)—
    - in subparagraph (A)—
      - (i) in clause (ii), by striking ;
      - (ii) in clause (iii), by striking the period at the end and inserting ; 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).
        
        (iii) 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) 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.
    - in subparagraph (C), by adding at the end the following:
(g) Enforcement
- Section 107(a)(1)(A)(i)(II) of such Act () is amended by striking section 102(a)(3)and inserting paragraph (3) or (6) of section 102(a). 29 U.S.C. 2617(a)(1)(A)(i)(II)

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—
  - in paragraph (3), by striking each place it appears and inserting employee or covered servicemember;
  - by striking paragraphs (6) and (7) and inserting the following:
  - in paragraph (8)(B), by striking through and inserting a semicolon;
  - in paragraph (11)—
  - in paragraph (12), by striking the period at the end and inserting ; and; and
  - by adding at the end the following:
(b) Servicemember care and veteran leave
- Section 6382 of title 5, United States Code, is amended—
  - (3)
    - 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.
    - 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.
    - For the purposes of subparagraph (A), the following definitions apply:
      - (i) The term , 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. any other individual whose close association is the equivalent of a family relationship
      - (ii) The term , used with respect to a covered servicemember, means the son or daughter of the covered servicemember. grandchild
      - (iii) The term , used with respect to a covered servicemember, means a parent of a parent of the covered servicemember. grandparent
      - (iv) The terms and , used with respect to a covered servicemember, mean a son or daughter of the sibling of the covered servicemember. nephew,niece
      - (v) The term , used with respect to a covered servicemember, means a parent of the spouse or domestic partner of the covered servicemember. parent-in-law
      - (vi) The term , 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). sibling
      - (vii) The terms and , 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. son-in-law,daughter-in-law
      - (viii) The terms and , 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). uncle,aunt
  - by striking subsection (a)(3) and inserting the following:
  - in subsection (e), by adding at the end the following:
    - 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—
  - 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
  - in subsection (b)—
    - in paragraph (1), by inserting after ; and
    - in paragraph (4)—
      - (i) in subparagraph (A)—
      - by striking section 6382(a)(1)(C)and inserting paragraph (1)(C) or paragraph (3)(A) of section 6382(a); and
      - by inserting before 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).