FAIR Leave Act

The FAIR Leave Act would remove a current limit in the Family and Medical Leave Act (FMLA) that constrains the total amount of leave two spouses who work for the same employer can take in a 12-month period. Specifically, it repeals Section 102(f) of the FMLA, which governs “limitations on leave for spouses.” By removing that limit, both spouses employed by the same employer would be able to use the standard FMLA leave entitlements independently, without a shared cap restricting them for events such as the birth or adoption/placement of a child or for certain family caregiving needs. The bill does not create new paid leave; it expands how much FMLA leave married coworkers can take collectively by eliminating the spousal cap, while leaving the basic FMLA framework (eligibility, 12 weeks per employee per year, etc.) unchanged. Introduced May 14, 2025, the bill is sponsored by Ms. McBride (with Mr. Fitzpatrick and Ms. Stevens as co-sponsors) and referred to multiple committees.