FAMILY Act

Key Points

• The bill creates a national paid family and medical leave insurance program managed by a new Office of Paid Family and Medical Leave within the Social Security Administration. Eligible workers could take up to 12 weeks of paid leave per year for serious health conditions, new children, or caring for sick family members.
• Workers could receive between $580 and $4,000 per month, with lower earners getting a higher percentage of their usual pay. The benefit formula replaces 85% of the lowest earnings tier, 69% of the middle tier, and 50% of the highest tier.
• The program covers an unusually broad definition of family, including siblings, grandparents, grandchildren, domestic partners, and anyone whose relationship is equivalent to a family relationship. It also covers leave for victims of domestic violence, sexual assault, stalking, and sex trafficking.
• Most workers would qualify if they earned at least $2,000 over the prior two years, including self-employed individuals and gig workers — groups often excluded from employer-based leave policies.
• Employers are prohibited from retaliating against workers who use the benefit. Workers must be restored to their same or equivalent position, and any adverse action within 12 months of taking leave creates a legal presumption of retaliation.
• States that already have their own paid leave programs (legacy states) can receive federal grants equal to the cost of benefits they provide, as long as their programs are at least as generous as the federal program.