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Adds an explicit reference to “the birth of a son or daughter of the employee” in the Family and Medical Leave Act and creates a new employer notice requirement. Employers covered by FMLA must give eligible employees who take leave for the birth of a child a written notice that explains the employer’s inability to recover certain insurance premiums if the employee does not return to work after the leave.
Amend Section 104(c)(2)(B) of the Family and Medical Leave Act of 1993 by: (1) in clause (i), "by striking the at the end;" (2) redesignating clause (ii) as clause (iii); and (3) inserting after clause (i) a new clause (ii) reading: "the birth of a son or daughter of the employee; or."
Add a new paragraph (4) to Section 104(c) requiring an employer to notify any eligible employee who takes leave for the birth of a son or daughter that the employer may not recover any premium described in paragraph (2) that the employer paid for maintaining coverage for the employee if the employee fails to return due to such birth.
Who is affected and how:
Employees (workers): Eligible employees who take FMLA leave for the birth of a child gain clearer statutory wording and will receive a required notice about the employer’s inability to recover certain insurance premiums if they do not return from leave. The change does not alter their entitlement to leave or pay under FMLA.
Employers: Covered employers must update their FMLA notices and HR procedures to provide the new notice to eligible employees taking leave for childbirth. This produces a small administrative cost (revising forms, training HR staff, and ensuring consistent delivery of the notice).
Parents of newborns/infants: New parents who plan to take FMLA leave will receive specific information that could affect their understanding of health-insurance premium implications if they don’t return to work.
Group health plans and health insurance issuers: Indirectly affected because the notice addresses employer-side premium recovery practices; insurers and plan administrators may need to coordinate with employers about information or billing practices if an employer’s ability to recover premiums is addressed in plan arrangements.
Overall effect: The bill is primarily a clarifying and procedural change to the FMLA that imposes a limited notice obligation on covered employers. It does not expand or reduce leave entitlements, does not allocate funding, and likely imposes only minor administrative costs. The change improves clarity about premium recovery for childbirth-related leave but is unlikely to generate major operational disruption for most covered employers or employees.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced April 8, 2025 by Mike Lee · Last progress April 8, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate