Washington, D.C.— Today, Congresswoman Marilyn Strickland (WA-10) and Congressman Don Bacon (NE-02) introduced the bipartisan, Ensuring Access to FMLA Leave for Military Spouses Act. The bill reduces the qualifying time for which a military spouse must be employed prior to taking Family and Medical Leave Act (FMLA) leave from 12 months to 90 days.
“Military spouses deserve our support, especially with something as critical as FMLA,” said Strickland. “This bill will assist servicemembers and their families as they relocate, plan their families, and find employment.”
“Our military spouses face many hurdles when their active-duty spouse is transferred to another location, including job-protected family leave,” said Bacon. “Federally employed military spouses are often forced to re-set their leave eligibility date every time their spouse is reassigned. This legislation supports military families by shortening the leave eligibility requirement, helping them to start and grow their families while they serve their country.”
Currently, qualified employees can take up to 12 weeks of unpaid, job-protected family and medical leave – but only if they have worked for their employer for one year.
This is a challenge for military spouses and their families who often relocate due to a Permanent Change of Station (PCS). The clock resets on their tenure, assuming the spouse is leaving a job for a new one at their new duty station. This gap in job-protected leave for these spouses adds undue stress during an already demanding time, on top of the other structural barriers military spouses face with employment.
“Every worker should be able to care for themselves and their families without fear of losing their job,” said Sharita Gruberg, vice president for economic justice at the National Partnership for Women & Families. “Although we estimate the Family and Medical Leave Act has allowed people to take time off to care for themselves and their loved ones more than 500 million times, many are left out of its protections and those left out are more likely to be workers of color. The FMLA’s requirement that you must work for the same employer for one year before being eligible for job protected leave prevents many military spouses, who must relocate quickly and often, from being able to take needed time off. We commend Congresswoman Strickland and Congressman Bacon for introducing a commonsense solution that recognizes the sacrifices that military spouses make for our country.”
“This commonsense amendment will make a real difference for military families during stressful times,” said Lieutenant General Brian T. Kelly, President and CEO of the Military Officers Association of America. “It gives spouses the time they need to address serious situations under the Family Medical Leave Act, while allowing servicemembers to stay mission focused. We thank Representatives Strickland and Bacon for advancing bipartisan solutions that strengthen the quality of life for the all-volunteer force.”
“Military spouses serve our country too—often at great personal and professional sacrifice. This legislation to amend the Family and Medical Leave Act is a critical step in recognizing those sacrifices by ensuring spouses don’t have to wait a full year to access job-protected leave. Reducing the eligibility period to 90 days reflects the urgent and often unpredictable nature of military life and will provide much-needed stability for military families navigating deployments, PCS moves, and caregiving responsibilities. We applaud this effort by Reps. Strickland and Bacon to bring greater support to those who serve on the homefront,” said Kathy Roth-Douquet, CEO, Blue Star Families.
The bill amends the FMLA to reduce the one-year tenure requirement to 90 days, to provide more support for spouses who selflessly serve alongside our active-duty servicemembers.
The legislation is endorsed by the National Partnership for Women & Families, the Military Officers Association of America.
Read the full bill text here.
Congresswoman Marilyn Strickland (WA-10) serves on the House Armed Services Committee and the House Transportation and Infrastructure Committee. She is Whip of the New Democrat Coalition, Secretary of the Congressional Black Caucus, and is one of the first Korean-American women elected to Congress.