FAMILY Act
H.R. 5390, the Family and Medical Insurance Leave Act (FAMILY Act), would create a nationwide paid family and medical leave program administered by the Social Security Administration. The program provides monthly, wage-replacement benefits to individuals who take time to care for themselves or family members for qualifying health or safety reasons, including serious health conditions, care for a family member with a serious health condition, or certain acts of violence (domestic dating violence, etc.). The Office of Paid Family and Medical Leave would be established within the SSA to run the program, determine eligibility and benefit amounts, handle payments, protect benefits, and collect data for oversight and improvement. The bill also outlines eligibility rules, calculation methods for monthly benefits, an annual benefit period, and job- and health-insurance protections for those taking leave, along with requirements for information sharing with states and other federal agencies. In short, the bill would replace or supplement existing employer-provided or state programs with a federal, SSA-administered paid leave program that pays eligible individuals a portion of their earnings while they take caregiving or medical leave, backed by defined rules on eligibility, benefit calculations, and protections against retaliation or job loss.
Key Points
- 1Establishment and administration of a national paid family and medical leave program under SSA. The Office of Paid Family and Medical Leave would be created within the Social Security Administration, led by a Deputy Commissioner, and tasked with eligibility determinations, benefit payments, data management, and outreach.
- 2Definition of caregiving hours and qualifying reasons. A caregiving hour is a 1-hour increment of time spent on qualified caregiving. An individual can use up to 12 times their regular weekly work hours in caregiving hours per benefit period. Qualified caregiving covers (a) time off for reasons eligible under FMLA or similar health conditions, (b) care for a qualified family member with a serious health condition, (c) the individual’s own serious health condition, and (d) acts of violence affecting the individual or a qualified family member, with listed supportive activities (counseling, relocation, legal assistance, etc.).
- 3Benefit structure and monthly payments. Monthly benefits are calculated based on a tiered formula tied to average monthly earnings. The rate components use 85%, 69%, and 50% of average earnings depending on earnings levels, multiplied by the proportion of caregiving hours to the individual’s total work hours in a month. Maximum and minimum monthly benefits are set (initially max $4,000 and min $580 in 2026, with indexing for later years). The amount for each month is also subject to reductions for other specified benefits (e.g., certain disability or unemployment benefits).
- 4Benefit period and retroactivity. The standard benefit period runs for 12 months starting when the person becomes eligible. There is a provision for retroactive benefits if caregiving occurred in the 90 days before an application was filed, with the period beginning when caregiving started or when the 90-day window begins, and ending 365 days after the first day of the benefit period.
- 5Eligibility, proof, and review. To receive benefits, applicants must show they engaged in or will engage in qualified caregiving, provide appropriate certifications or attestations for the qualifying reason, and meet wage/income requirements over a specified prior period. The process includes an eligibility determination, monthly benefit claim reporting, and a right to appeal determinations with a defined timeline.
- 6Employment protections and enforcement. The bill prohibits interference with leave rights and retaliation by employers, requires restoration to the original or equivalent position after leave, and ensures continued health coverage during paid leave. It also prohibits discriminatory actions for exercising leave rights and supports enforcement of these protections.
- 7Interaction with State laws and programs. The act does not preempt state or local laws that provide equal or greater leave rights, and it recognizes the possibility of state programs (legacy-state programs) in calculating or coordinating benefits.
- 8Data sharing, reporting, and outreach. The SSA-established office would coordinate data-sharing with other federal agencies, prepare annual public reports on program use by gender, race, ethnicity, and income, and tailor outreach to boost utilization, including culturally and linguistically appropriate efforts.