Ernst, Sinema, Fitzpatrick, Porter Work to Make Leave Fair for Families

WASHINGTON – Senator Joni Ernst (R-Iowa), Senator Kyrsten Sinema (I-Ariz.), Representative Brian Fitzpatrick (R-Pa.), and Representative Katie Porter (D-Calif.) are leading the bipartisan charge to modernize leave policies to create a more comprehensive and effective way to support American families.

Under the Family and Medical Leave Act (FMLA), employers are required to provide an employee 12 weeks of unpaid, job-protected leave for the birth or adoption of a child or to care for a family member with a serious health condition. However, spouses currently working for the same employer only receive a combined 12 weeks in total. The Fair Access for Individuals to Receive (FAIR) Leave Act would address this shortcoming, so each parent could take up to 12 weeks of unpaid, job-protected leave without restriction, even if they work for the same employer.

“American families fuel our nation’s workforce, and I’m supporting those balancing work and home,” said Senator Joni Ernst. “This important provision would support our working parents by making leave fair for families and extend equal benefits to couples regardless of their employer. My bipartisan bill goes beyond new parents by providing time to care for a sick family member, including our heroic servicemembers. By increasing opportunities for parental leave, we can care for our next generation and keep our workforce strong.”

“We’re modernizing our medical and family leave laws so Arizona families can support each other, continue contributing to Arizona’s growing economy, and strengthen workforce participation across our state. Whether Arizona couples working for the same company need to take leave to care for their children, for their own health needs, or to provide care to an elderly parent or an injured servicemember, our new bill addresses an unfair limitation in the current law,” said Senator Kyrsten Sinema.

“Family leave is an important resource for families to have flexibility to take time off to care for their children and loved ones,” said Congressman Brian Fitzpatrick. “Our bipartisan, bicameral Fair Access for Individuals to Receive Leave Act will ensure married couples working for the same employer can take the leave they have earned. I am proud to lead this important effort with my colleagues.”

“Strong leave policies don't just help families—everyone benefits from how they boost our entire economy,”said Congresswoman Katie Porter. “Parents don't have to leave their jobs, businesses spend less on training replacements, and our nation's workforce retains the best workers there are. Our bipartisan legislation improves federal leave policy by closing a loophole that boxes out certain Americans based on their marital status."

“New parents shouldn’t be penalized and receive less family leave just because they work for the same employer. The bipartisan FAIR Leave Act ensures all working parents get their full leave – regardless of if they work for the same employer – and gives families the resources to take care of their newborns and loved ones while remaining in the workforce. I’ll continue working across the aisle to expand access to leave options for new parents,” said Congresswoman Ashley Hinson.

This bill would also allow eligible spouses to each take 26 weeks to care for a covered servicemember with a serious injury or illness.

The FAIR Leave Act is supported by the National Partnership for Women and Families, the Bipartisan Policy Center Action, the Association of Maternal and Child Health Programs, Paid Leave for All, Center for Law and Social Policy (CLASP), and the March of Dimes.

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