Bill Summary
The FAIR Leave Act, officially titled the "Fair Access for Individuals to Receive Leave Act," seeks to amend the Family and Medical Leave Act (FMLA) of 1993 by removing restrictions on leave for married couples who work for the same employer. Specifically, it repeals Section 102(f) of the FMLA, which currently limits the amount of leave that married individuals can take for family and medical reasons when both spouses are employed by the same company. This legislation aims to provide greater flexibility and access to leave for married employees, ensuring that they can support each other during critical times without being constrained by these limitations.
Possible Impacts
Here are three examples of how the proposed "FAIR Leave Act" could affect people:
1. **Increased Flexibility for Married Couples**: The repeal of certain limits on leave for married individuals employed by the same employer would allow couples to take leave concurrently or separately without being restricted by the previous time limitations. This means that if both partners need to care for a family member or bond with a new child, they can do so without worrying about exhausting their leave balances too quickly.
2. **Improved Family Caregiving**: By allowing married individuals to take leave without the previous restrictions, the legislation could enhance the ability of families to care for one another during critical times—such as serious health issues or childbirth. This flexibility can lead to better health outcomes for family members receiving care, as they can have support from both spouses without the stress of managing limited leave.
3. **Workplace Morale and Retention**: Employers who offer more flexible leave policies may see improved employee satisfaction and morale. This can lead to higher retention rates, as employees are more likely to stay with a company that accommodates their family needs. It can also improve the company’s public image, making it more attractive to potential hires who value work-life balance.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3321 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3321
To amend the Family and Medical Leave Act of 1993, to repeal certain
limits on leave for married individuals employed by the same employer.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 3, 2025
Ms. Ernst (for herself and Ms. Hassan) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Family and Medical Leave Act of 1993, to repeal certain
limits on leave for married individuals employed by the same employer.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAIR Leave Act'' or the ``Fair
Access for Individuals to Receive Leave Act''.
SEC. 2. REPEAL OF CERTAIN TIME LIMITATIONS ON LEAVE FOR SPOUSES.
Section 102(f) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(f)) is repealed.
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