A bipartisan group of U.S. House members introduced landmark legislation aimed at removing an outdated restriction in the Family and Medical Leave Act (FMLA) that limits leave for married couples employed by the same organization.
Representatives Sarah McBride (D-Del.), Brian Fitzpatrick (R-Pa.), and Haley Stevens (D-Mich.) unveiled the Fair Access for Individuals to Receive Leave Act (H.R. 3404) on Wednesday. This bill proposes amending the FMLA to allow each spouse to receive an individual 12-week leave allotment, rather than sharing a combined 12-week period when working for the same employer.
Lawmakers describe the bill as a “commonsense fix” that ensures married couples can access leave benefits equally, aligning their rights with those of single workers and married couples employed by different organizations. Currently, the law restricts married couples to a shared leave period, preventing them from fully supporting their families during critical times such as welcoming a new child or caring for an ill family member.
“Married couples working for the same employer should not be penalized simply because of their relationship,” said Rep. Fitzpatrick. “Our bipartisan FAIR Leave Act removes outdated restrictions and guarantees that all workers—regardless of marital status—can access the full leave benefits they’ve earned.”
The FMLA grants eligible employees up to 12 weeks of unpaid leave per year, with job protection during that period. This leave can be used for a range of family and medical needs, including caring for newborns, adopted children, or sick family members, and attending to military family obligations.
Efforts to repeal the leave cap for married couples employed by the same company have been ongoing since 2018, with bipartisan bills introduced in every congressional session. However, none have progressed to a full vote. H.R. 3404 has been referred to the House Committee on Education and the Workforce, the Committee on House Administration, and the Committee on Oversight and Government Reform.
The legislation is supported by several advocacy groups, including the National Partnership for Women and Families, the Association of Maternal and Child Health Programs, and Bipartisan Policy Center Action.
For further information, please contact the offices of Representatives McBride, Fitzpatrick, or Stevens.
