What This Bill Does
This bill changes the rules for family and medical leave. It expands which employees qualify for leave and makes more employers follow leave requirements. The bill applies these changes to private sector workers, federal employees, presidential staff and Congressional employees.
Who It Affects
Employees seeking family and medical leave at private companies, federal agencies, the Presidential office and Congress. Employers with one or more workers. Federal officers and employees covered under specific federal leave rules.
Key Provisions
• Employees need only work 90 days for their employer to qualify for leave, instead of meeting longer requirements (Sec. 2(a))
• Employers with one or more employees must provide leave to eligible workers, eliminating the previous 50-employee minimum threshold (Sec. 3)
• Federal employees must work 90 days to qualify for leave instead of 12 months (Sec. 2(b)(1))
• Presidential staff members must work 90 days to qualify for leave instead of 12 months plus 1,250 hours (Sec. 2(b)(2))
• Congressional employees must work 90 days to qualify for leave instead of 12 months plus 1,250 hours (Sec. 2(b)(3))
What Changes
The time employees must work before qualifying for family and medical leave drops from 12 months to 90 days. The employer size threshold shrinks from 50 or more employees to 1 or more employees. This means more employees at smaller businesses become eligible for protected leave.
Important Definitions
None defined in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 694
To amend the Family and Medical Leave Act to expand employees eligible
for leave and employers subject to leave requirements, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Ms. UNDERWOOD (for herself, Ms. DELAURO, Ms. TLAIB, Ms. JACKSON LEE,
Ms. VELA´ZQUEZ, Ms. NORTON, Mrs. BEATTY, Mr. NADLER, Ms. LOIS
FRANKEL of Florida, Ms. SCANLON, Mr. CARSON, Mr. SCHIFF, Ms. POR-
TER, Mrs. MCBATH, Mr. LIEU, Mr. DAVIS of Illinois, Mr. ALLRED, Ms.
BONAMICI, Mr. GRIJALVA, Ms. WILLIAMS of Georgia, Mr. SMITH of
Washington, Mr. LYNCH, Mr. RASKIN, Mr. EVANS, Ms. TOKUDA, Ms.
JAYAPAL, Mr. LANDSMAN, Ms. WILD, Mr. MCGOVERN, Mrs. FOUSHEE,
Mr. LEVIN, Mrs. CHERFILUS-MCCORMICK, Ms. KAMLAGER-DOVE, Ms.
STEVENS, Ms. MCCOLLUM, Ms. TITUS, Mrs. HAYES, Ms. WILSON of
Florida, Mr. CARTER of Louisiana, Ms. JACOBS, Ms. BARRAGA´N, Mr.
TAKANO, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Ms. LEE of Cali-
fornia, Mr. CICILLINE, Mr. GOMEZ, Ms. CHU, Ms. PRESSLEY, Mr.
CASTEN, Mr. LARSON of Connecticut, Mr. COHEN, Mr. BEYER, Ms. MAN-
NING, Mrs. DINGELL, Mr. DESAULNIER, Ms. CASTOR of Florida, and Mr.
MFUME) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Commit-
tees on House Administration, and Oversight and Accountability, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend the Family and Medical Leave Act to expand
employees eligible for leave and employers subject to
leave requirements, and for other purposes.
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•HR 694 IH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Job Protection Act’’.
4
SEC. 2. EXPANSION OF EMPLOYEES ELIGIBLE FOR FAMILY
5
AND MEDICAL LEAVE.
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(a) IN GENERAL.—Section 101(2) of the Family and
7
Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amend-
8
ed—
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(1) in subparagraph (A), by striking ‘‘em-
10
ployed—’’ and all that follows through the end of
11
the subparagraph and inserting ‘‘employed for at
12
least 90 days by the employer with respect to whom
13
leave is requested under section 102.’’;
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(2) in subparagraph (B), by striking ‘‘does not
15
include—’’ and all that follows through the end of
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the subparagraph and inserting ‘‘does not include
17
any Federal officer or employee covered under sub-
18
chapter V of chapter 63 of title 5, United States
19
Code (as added by title II of this Act).’’;
20
(3) by striking subparagraphs (C) and (D); and
21
(4) by redesignating subparagraph (E) as sub-
22
paragraph (C).
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(b) FEDERAL EMPLOYEES.—
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•HR 694 IH
(1) IN GENERAL.—Title 5, United States Code,
1
is amended—
2
(A) in section 6381(1)(B), by striking ‘‘12
3
months’’ and inserting ‘‘90 days’’; and
4
(B) in section 6382(d)(2)(E), by striking
5
‘‘12 months’’ and inserting ‘‘90 days’’.
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(2)
PRESIDENTIAL
EMPLOYEES.—Section
7
412(a)(2)(B) of title 3, United States Code, is
8
amended by striking ‘‘12 months and for at least
9
1,250 hours of employment during the previous 12
10
months’’ and inserting ‘‘90 days’’.
11
(3)
CONGRESSIONAL
EMPLOYEES.—Section
12
202(a)(2)(B) of the Congressional Accountability
13
Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended
14
by striking ‘‘12 months and for at least 1,250 hours
15
of employment during the previous 12 months’’ and
16
inserting ‘‘90 days’’.
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SEC. 3. EXPANSION OF EMPLOYERS SUBJECT TO LEAVE RE-
18
QUIREMENTS.
19
Section 101(4)(A)(i) of such Act (29 U.S.C.
20
2611(4)(A)(i)) is amended by striking ‘‘50 or more em-
21
ployees’’ and all that follows through the end of the clause
22
and inserting ‘‘1 or more employees;’’.
23
Æ
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