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Changes to leave law shorten the time an employee must work before becoming eligible for leave to 90 days and expand employer coverage so the law applies to employers with one or more employees. The amendments alter definitions and related statutory language so more workers can take leave and many more employers must provide FMLA protections. The changes apply to leave taken on or after the date the law is enacted, meaning employers and employees must follow the new eligibility and employer-size rules immediately for qualifying leave starting that day.
Amends section 101(2) of the Family and Medical Leave Act (29 U.S.C. 2611(2)) by changing the employment requirement in subparagraph (A) to: "employed for not less than 90 days by the employer with respect to whom leave is requested under section 102."
In section 101(2) of the Family and Medical Leave Act, strikes the phrase beginning with "does not include—" through the end of subparagraph (B) (i.e., deletes the existing text of subparagraph (B)).
Strikes subparagraphs (C) and (D) of section 101(2) of the Family and Medical Leave Act.
Redesignates former subparagraph (E) of section 101(2) of the Family and Medical Leave Act as subparagraph (C).
Amends Subchapter V of Title 5, U.S. Code (chapter 63) by changing the period in section 6381(1)(B) from "12 months" to "90 days."
Workers: Employees gain earlier access to FMLA protections—job‑protected leave and continuation of group health benefits—after 90 days on the job, expanding protection for recent hires and those in small workplaces. Family caregivers and people needing medical leave benefit most from faster eligibility. Employers: All employers with one or more employees become subject to FMLA duties, increasing legal, administrative, and potential financial obligations (tracking leaves, job restoration, health‑benefit continuation). Small and single‑employee employers face the largest compliance and operational impacts because they previously were often exempt. Government and enforcement: Agencies that administer and enforce leave law (notably the Department of Labor) may face a surge in guidance requests, complaints, and enforcement actions; they will likely need to issue implementation guidance. Labor market and business effects: Broader coverage could increase use of job‑protected leave and create staffing, scheduling, and cost challenges for small employers; some employers may adjust hiring, scheduling, or workplace policies in response. Legal and regulatory interactions: State and local leave laws and collective bargaining agreements will continue to interact with federal rules; employers must coordinate compliance across multiple overlapping regimes. Timing: Because the changes apply to leave taken on or after enactment, employers and employees must adapt quickly, potentially creating short-term administrative strain and transitional disputes.
Amends paragraph 4(A)(i) to replace the employer-size threshold language (striking "50 or more employees" and the remainder of the clause) with "1 or more employees", thereby expanding which employers are subject to the Family and Medical Leave Act definition in that clause.
In section 6381(1)(B), replaces the requirement '12 months' with '90 days'.
In section 6382(d)(2)(E), replaces '12 months' with '90 days'.
Amends section 412(a)(2)(B) to replace the phrase '12 months and for at least 1,250 hours of employment during the previous 12 months' with '90 days'.
Amends section 202(a)(2)(B) of the Congressional Accountability Act (codified at 2 U.S.C. 1312(a)(2)(B)) by replacing '12 months and for at least 1,250 hours of employment during the previous 12 months' with '90 days'.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced February 5, 2025 by Tina Smith · Last progress February 5, 2025
Job Protection Act
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate