Bill would speed up FMLA leave eligibility for military spouses

On July 10, two members of Congress introduced HR 4351, the bipartisan Ensuring Access to FMLA Leave for Military Spouses Act. The bill reduces the length of time for which a military spouse must be employed before taking leave under the federal Family and Medical Leave Act (FMLA) from 12 months to 90 days.

Currently, to be eligible to take FMLA leave, employees must:

• Have worked for their employer for at least 12 months,
• Have worked at least 1,250 hours in the 12 months before the leave is to begin, and
• Work at a location with at least 50 company employees within 75 miles.

This can be a challenge for military spouses and their families who often relocate due to a Permanent Change of Station. Frequent moves and job changes make it difficult to meet the FMLA eligibility criteria.

The bill would also eliminate the requirement for military spouse employees to work at least 1,250 hours in the 12 months before taking leave.

Employees would, however, still need to work at a location with at least 50 company employees within 75 miles.

The bill is in the first stage of the legislative process. It has been referred to the:

• Committee on Education and Workforce,
• Committee on Oversight and Government Reform, and
• House Administration.

While this piece of legislation has little chance of being enacted into law, it indicates that members of Congress are still interested in making amendments to the FMLA.

If it were enacted, employers would need to:

• Determine which of their employees fit that military spouse profile, and
• Change how they calculate employee eligibility when FMLA leave is for working military spouses.