To amend the Family and Medical Leave Act to expand employees eligible for leave and employers subject to leave requirements, and for other purposes.
Sponsors
Legislative Progress
IntroducedMs. Underwood (for herself, Ms. DeLauro, Ms. Chu, Ms. Meng, …
Summary
What This Bill Does
The Job Protection Act dramatically expands family and medical leave protections under the Family and Medical Leave Act (FMLA). Currently, only workers at businesses with 50 or more employees can take unpaid leave, and only after working there for 12 months. This bill changes that by requiring ALL employers—even those with just one employee—to provide FMLA leave, and reduces the waiting period from 12 months to just 90 days of employment.
Who Benefits and How
Workers at small businesses are the primary winners. The approximately 60 million Americans who work for businesses with fewer than 50 employees would gain the right to take up to 12 weeks of unpaid, job-protected leave for family or medical reasons. Workers who've been at a job for just 90 days (instead of a full year) would also become eligible. This means new employees facing a health crisis, caring for a sick family member, or welcoming a new child could take leave without losing their job—a protection they don't have today.
Who Bears the Burden and How
Small business owners bear the primary burden. Business owners with 1-49 employees—who currently don't have to provide FMLA leave—would suddenly be required to hold jobs open for up to 12 weeks and continue health insurance coverage for employees on leave. This creates significant operational challenges: a small restaurant with 5 employees losing a cook for 12 weeks, or a dental practice with 2 hygienists having to cover for one on extended leave. These businesses would also face new recordkeeping and legal compliance costs, potentially needing to hire HR consultants or lawyers to avoid violations.
Key Provisions
- Reduces employee eligibility from 12 months employment to 90 days, allowing newer workers to qualify for FMLA leave
- Expands employer coverage from "50 or more employees" to "1 or more employees," bringing millions of small businesses under FMLA requirements for the first time
- Applies the same changes to federal employees, Congressional employees, and White House staff
- Requires all covered employers to provide up to 12 weeks unpaid leave and maintain health benefits during that leave
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Expands Family and Medical Leave Act coverage by reducing employee eligibility from 12 months to 90 days and requiring all employers (including those with 1+ employees) to provide FMLA leave.
Policy Domains
Legislative Strategy
"Dramatically expand worker protections under FMLA by lowering eligibility barriers and expanding employer coverage to include all small businesses"
Likely Beneficiaries
- Workers at small businesses (1-49 employees) who previously had no FMLA coverage
- Short-tenure workers (90+ days employment) who previously needed 12 months to qualify
- Labor advocacy organizations
Likely Burden Bearers
- Small business owners (1-49 employees) who must now provide unpaid leave and maintain health benefits
- Employers who must accommodate workers with only 90 days tenure
- Small Business advocacy groups
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
Key Definitions
Terms defined in this bill
An employee employed for at least 90 days by the employer (reduced from 12 months and 1,250 hours requirement)
A person engaged in commerce who employs 1 or more employees (expanded from 50 or more employees)
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology