What This Bill Does
This bill changes the rules for who can take family and medical leave and which employers must allow it. The bill shortens the time an employee must work for a company before taking leave from 12 months to 90 days. The bill also requires all employers with at least one employee to follow leave rules, instead of just those with 50 or more employees.
Who It Affects
Private sector employees who work for employers with one or more employees. Federal government employees. Presidential staff employees. Congressional employees and staff.
Key Provisions
- Employees only need to work for an employer for 90 days before they can take leave under family and medical leave rules (Sec. 2(a)(1))
- All employers with one or more employees must follow leave requirements, not just employers with 50 or more employees (Sec. 3)
- Federal employees can take leave after 90 days of employment instead of 12 months (Sec. 2(b)(1))
- Presidential staff employees can take leave after 90 days of employment instead of 12 months (Sec. 2(b)(2))
- Congressional employees can take leave after 90 days of employment instead of 12 months (Sec. 2(b)(3))
What Changes
Employees nationwide gain the right to take family and medical leave after working only 90 days instead of 12 months. Employers with just one employee become subject to leave requirements for the first time. Federal, presidential and congressional employees get the same 90-day requirement.
Important Definitions
None defined in bill text.
Effective Date
The bill applies to leave taken on or after the date the bill becomes law (Sec. 4).
II
118TH CONGRESS
1ST SESSION
S. 210
To expand employees eligible for leave and employers subject to leave
requirements.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 1, 2023
Ms. SMITH (for herself, Mrs. GILLIBRAND, Mr. PADILLA, Ms. WARREN, Mr.
BROWN, Mr. SANDERS, Mr. DURBIN, and Mrs. MURRAY) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
A BILL
To expand employees eligible for leave and employers subject
to leave requirements.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Job Protection Act’’.
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SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR LEAVE.
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(a) IN GENERAL.—Section 101(2) of the Family and
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Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amend-
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ed—
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•S 210 IS
(1) in subparagraph (A), by striking ‘‘em-
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ployed—’’ and all that follows through the end of
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the subparagraph and inserting ‘‘employed for not
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less than 90 days by the employer with respect to
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whom leave is requested under section 102.’’;
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(2) in subparagraph (B), by striking ‘‘does not
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include—’’ and all that follows through the end of
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the subparagraph and inserting ‘‘does not include
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any Federal officer or employee covered under sub-
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chapter V of chapter 63 of title 5, United States
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Code (as added by title II of this Act).’’;
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(3) by striking subparagraphs (C) and (D); and
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(4) by redesignating subparagraph (E) as sub-
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paragraph (C).
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(b) FEDERAL EMPLOYEES.—
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(1) TITLE 5.—Subchapter V of chapter 63 of
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title 5, United States Code, is amended—
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(A) in section 6381(1)(B), by striking ‘‘12
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months’’ and inserting ‘‘90 days’’; and
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(B) in section 6382(d)(2)(E), by striking
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‘‘12 months’’ and inserting ‘‘90 days’’.
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(2)
PRESIDENTIAL
EMPLOYEES.—Section
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412(a)(2)(B) of title 3, United States Code, is
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amended by striking ‘‘12 months and for at least
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•S 210 IS
1,250 hours of employment during the previous 12
1
months’’ and inserting ‘‘90 days’’.
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(3)
CONGRESSIONAL
EMPLOYEES.—Section
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202(a)(2)(B) of the Congressional Accountability
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Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended
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by striking ‘‘12 months and for at least 1,250 hours
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of employment during the previous 12 months’’ and
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inserting ‘‘90 days’’.
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SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE RE-
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QUIREMENTS.
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Section 101(4)(A)(i) of the Family and Medical
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Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended
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by striking ‘‘50 or more employees’’ and all that follows
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through the end of the clause and inserting ‘‘1 or more
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employees’’.
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SEC. 4. APPLICABILITY.
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This Act, and the amendments made by this Act,
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shall apply with respect to leave taken on or after the date
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of enactment of this Act.
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Æ
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