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One to Keep An Eye On: FAIR Leave Act (U.S. Congress)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Earlier this month, Republican Senator Joni Ernst introduced the Fair Access for Individuals to Receive Leave Act (also known as the FAIR Leave Act) which proposes to modernize the Family Medical Leave Act ("FMLA") to enable married couples that work for the same employer to not be restricted in the amount of leave they can take.

The FMLA allows eligible workers to take up to twelve weeks of unpaid, protected leave for specified family and medical reasons.  (Those family and medical reasons can include the birth of a child; to care for a newborn child within a year of their birth; the placement of a child for adoption or foster care; to care for the employee's spouse, child, or parent that has a serious health condition, as well as a few other narrow reasons.)  

However, for married couples that work for the same employer, the amount of leave available is more limited.  The legislation, also sponsored by Democratic Senator Kyrsten Sinema, Republican Senator Mike Lee, and Democratic Senator Tina Smith, seeks to amend the FMLA and provide eligible spouses that work for the same employer to each take up to twelve weeks of leave.  While the legislation was only introduced earlier this month, it is too soon to say whether it will obtain enough support in both the Senate and House of Representatives to become law.  However, with bipartisan support, this legislation could have a realistic shot of reaching President Donald Trump's desk for signature.


For the text of the FAIR Leave Act:  https://www.ernst.senate.gov/public/_cache/files/69fa4bab-d0e6-4ad1-a1b1-64e7222c09dc/6A1EF9788F2FD5DC886A7908ECF9F61F.fair-leave-act.pdf

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