The Job Protection Act would overhaul the Family and Medical Leave Act (FMLA) by broadening both who is eligible for leave and which employers must provide it. The bill lowers the tenure requirement for eligibility from 12 months to 90 days of employment, and it expands federal, presidential, and congressional employment rules to align with that 90-day threshold. It also eliminates the 50-employee size threshold, instead applying FMLA leave requirements to employers with 1 or more employees. In short, more workers would qualify for FMLA leave, and more employers would be required to provide it, including very small employers and more federal employees. The text also notes a change related to federal employees by referencing a new subchapter V of Title 5 (as added by the Act), which affects how federal officers or employees are treated under the eligibility framework. Overall, the bill moves toward broader coverage and earlier eligibility for leave and reduces the size bar for employers subject to leave requirements.
Key Points
- 1Eligibility threshold lowered: For most employees, the requirement to be eligible for FMLA leave changes from at least 12 months of employment to at least 90 days of employment with the employer.
- 2Federal employee provisions updated: Provisions in Title 5 (and related sections governing presidential and Congressional employees) are amended to reflect a 90-day eligibility standard, aligning federal employee rules with the expanded eligibility.
- 3Federal employee carve-out/structure: The bill introduces a reference to a new subchapter V of Title 5 (added by this Act) and specifies that certain federal officers or employees covered under that subchapter are treated in relation to eligibility.
- 4Employers covered expanded: The 50-employee threshold is removed, so employers with 1 or more employees become subject to FMLA leave requirements.
- 5Reorganization of eligibility language: The bill changes how the eligible employee definition is structured (replacing and redesignating certain subparagraphs) to reflect these expanded rules.