Congress·In Committee·H.R. 5390

Rep. DeLauro Introduces FAMILY Act to Provide 12 Weeks of Paid Leave for Most U.S. Workers

FAMILY Act

6 months ago·View on Congress.gov

Legislative Progress

House

Senate

President

Law

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.
From policy text
“There is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave.”
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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.
From policy text
“the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively.”
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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.
From policy text
“if the benefit period begins in calendar year 2026, $2,000”
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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.
From policy text
“Any adverse action (including any action described in subparagraph (C) or (D)) taken against an employee within 12 months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating”
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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.
From policy text
“In each calendar year beginning with calendar year 2027, the Commissioner shall make a grant to each State that, for the calendar year preceding such calendar year, was a legacy State”
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Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

State Impacts

StateScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions

Sep 16, 2025House

Referred to the House Committee on Ways and Means.

Sep 16, 2025

Introduced in House

Related News

1 article

Thomson Reuters·5 days ago

State PFML Changes Pressure Payroll in 2026

The FAMILY Act, reintroduced in September 2025, remains pending in Congress. It proposes a federally administered insurance program run through the Social Security Administration. While state-level programs continue to expand, the federal proposal faces significant political obstacles in 2026.