Family and Medical Leave Act updated under Ernst-sponsored bill

U.S. Sen. Joni Ernst (R-IA) on May 10 sponsored a bill that would modernize the Family and Medical Leave Act (FMLA) by addressing some of the law’s shortcomings to provide more comprehensive leave for American families.

“This bipartisan bill will extend equal benefits to married couples regardless of their employer, and it also provides time to care for a sick family member, including our heroic service members,” Sen. Ernst said.

The Fair Access for Individuals to Receive (FAIR) Leave Act, S. 1528, which Sen. Ernst introduced with bill cosponsor U.S. Sen. Kyrsten Sinema (D-AZ), would amend the FMLA to repeal certain limits on leave for married individuals employed by the same employer, according to the congressional record bill summary. 

“As any mom can attest, it’s critical for new parents to spend time with their children in their first few weeks together,” said Sen. Ernst. “That’s why I’ve continued to work in the Senate to increase opportunities for parental leave.”

Currently, the FMLA provides unpaid, job-protected leave for specified family and medical reasons, but it limits the amount of leave that married couples working for the same employer may take to be at home with their new baby, or caring for a sick loved one or service member. 

If enacted, S. 1528 would repeal this limitation and enable eligible spouses working for the same employer to each take up to 12 work weeks (24 total) of unpaid leave in a 12-month period for specific FMLA-qualifying reasons, including the birth of a child, the placement and adoption of a child, the care of a parent with a serious health condition, and up to 26 weeks each to care for a covered service member with a serious injury or illness, according to a bill summary provided by Sen. Ernst’s office.

S. 1528 has been referred for consideration to the U.S. Senate Health, Education, Labor, and Pensions Committee.