Proposed National Paid Family and Medical Leave Program

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On February 5, 2021, the 28th anniversary of the Family and Medical Leave Act (FMLA), Senator Kirsten Gillibrand (D-NY) and Representative Rosa DeLauro (D-CT) re-introduced the Family and Medical Leave Insurance (FAMILY) Act in both the Senate and House of Representatives.  The bill aims to create a permanent, national paid family and medical leave program.

As with earlier versions of this legislation, this bill would grant workers up to 66% of wage replacement for 12 weeks due to health conditions, pregnancy, childbirth or adoption, a family member’s injury or illness, and reasons applicable to service members.  Unlike the federal Families First Coronavirus Response Act (FFCRA), which provided emergency paid sick and family leave for COVID-related reasons through December 31, 2020, the proposed FAMILY Act would create a permanent paid leave program not limited to pandemic-induced causes.  It also would include self-employed or part-time employees and would apply to all employers regardless of the size of their workforce.

Employers should stay tuned for updates to this proposed legislation, which may mark a pivotal turning-point in the paid family and medical leave landscape in the United States.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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