FAMILY Act
Sponsored By: Senator Kirsten Gillibrand
Introduced
Summary
Creates a national paid family and medical leave insurance program that would pay monthly benefits to people who take caregiving or medical leave. The program centers administration at the Social Security Administration and sets eligibility, benefit formulas, state grant rules, and data-sharing to prevent fraud.
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- Families: People taking leave for caregiving or a serious health condition would get monthly wage-replacement benefits based on a tiered formula that starts at 85% for low wages and steps down for higher earnings. Initial benefit thresholds in 2026 include $1,257 and $3,500 and the law sets a minimum and maximum monthly benefit.
- Workers and applicants: Eligibility would depend on wages or self-employment income over the most recent eight quarters with an initial earnings test of $2,000 in 2026. Benefit periods are measured over a year, applications can request retroactive coverage up to 365 days, and the bill requires certifications and appeals processes.
- States, employers, and administration: The bill preserves and coordinates with state leave laws by creating a "legacy State" category and an annual grant program starting in 2027 for qualifying States, with up to 7% allowed for administrative costs. It would create an Office of Paid Family and Medical Leave inside SSA to run the program, share data with federal and state partners, and require periodic GAO reviews.
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 9 benefits, 1 costs, 1 mixed.
Monthly paid leave amounts for workers
If enacted, this would set how your monthly paid family and medical leave check is calculated. For 2026 the law would pay 85% of average monthly pay up to $1,257, 69% between $1,257 and $3,500, and 50% between $3,500 and $6,200. Your average monthly pay would be the highest calendar year pay in the last three years divided by 12. If you first become eligible in the first full year after enactment your monthly check would be at least $580 and at most $4,000. Later years would raise those limits using the national wage index.
When leave periods can go back in time
If enacted, this would make a benefit period 12 months long and allow retroactive coverage when you were caregiving before you applied. You could get retroactive benefits if you provided qualified caregiving within 90 days before your application. The retroactive period would start on the later of when caregiving first began or the first month inside the 90-day window and run for 365 days.
Who can get monthly FMLI checks
If enacted, this would let you get monthly paid family and medical leave if you apply, were (or expect to be) caregiving in the 90 days before or 30 days after your application, have wages or self-employment income in the lookback period, and meet an 8-quarter earnings test. That earnings test would be $2,000 for benefit periods starting in 2026 and would be indexed later. Applications could be filed starting 18 months after enactment and must include required caregiving statements and certifications.
Protections from employer retaliation
If enacted, this would bar employers from interfering with your right to take leave or apply for benefits. Employers would generally have to restore you to your old or equivalent job and keep your group health coverage while you are on leave. You could sue to recover lost wages, benefits, interest, and other damages, and the agency could also enforce the rules.
New federal office to run paid leave
If enacted, the Social Security Administration would create an Office of Paid Family and Medical Leave run by a Deputy Commissioner. The office would decide who gets benefits, set rules, make payments, prevent fraud, keep records, do outreach, and publish annual reports. The office could access federal data and work with states to run the program efficiently.
How some States keep their paid leave
If enacted, States that already had paid leave laws could be treated as 'legacy States' and get annual federal grants starting in 2027. Each year's grant would be the smaller of a federal estimate of what the federal program would have paid or the State's actual paid-leave costs for the prior year. Grants would require detailed data sharing and reconciliation and cap counted State administration at 7% of benefits.
State and employer leave rights kept
If enacted, this would not override State or local paid leave laws that are similar or better than the federal program. Employer contracts and union agreements that give more leave would still apply and would not be reduced by the federal rules.
When disability or fraud stops payments
If enacted, you could not get FMLI in any month you are entitled to certain federal disability benefits, such as Social Security disability or similar State permanent disability. The bill would also disqualify anyone for one year if convicted under the Social Security false-statement rule or found to have used false statements to get FMLI.
Deadlines for claims and reviews
If enacted, this would require prompt handling of claims. Monthly reports must be filed within 15 days after month end. The agency would have 20 days after getting a report to pay or deny it. You would have 20 days to ask for review of an adverse decision, and the agency would have 20 days to finish the review and pay any additional amounts owed.
Rulemaking and advisory committee setup
If enacted, the Commissioner would write regulations with the Labor Department's input and create a volunteer advisory body of up to 15 members. Appointment slots would be split among the President and Congressional leaders. The group would advise the agency but would not change the law itself.
How caregiving hours and limits work
If enacted, a 'caregiving hour' would equal one hour you spent caregiving. Your credited hours in a benefit period would be capped at 12 times your regular weekly work hours. Any month with fewer than 4 caregiving hours would count as zero for that month. The agency could also reduce your FMLI by certain other periodic benefits like some workers' compensation or unemployment payments.
Sponsors & CoSponsors
Sponsor
Kirsten Gillibrand
NY • D
Cosponsors
Ron Wyden
OR • D
Sponsored 9/16/2025
Angela Alsobrooks
MD • D
Sponsored 9/16/2025
Tammy Baldwin
WI • D
Sponsored 9/16/2025
Michael Bennet
CO • D
Sponsored 9/16/2025
Richard Blumenthal
CT • D
Sponsored 9/16/2025
Lisa Blunt Rochester
DE • D
Sponsored 9/16/2025
Cory Booker
NJ • D
Sponsored 9/16/2025
Christopher Coons
DE • D
Sponsored 9/16/2025
Tammy Duckworth
IL • D
Sponsored 9/16/2025
Richard Durbin
IL • D
Sponsored 9/16/2025
John Fetterman
PA • D
Sponsored 9/16/2025
Ruben Gallego
AZ • D
Sponsored 9/16/2025
Maggie Hassan
NH • D
Sponsored 9/16/2025
Martin Heinrich
NM • D
Sponsored 9/16/2025
Mazie Hirono
HI • D
Sponsored 9/16/2025
Mark Kelly
AZ • D
Sponsored 9/16/2025
Andy Kim
NJ • D
Sponsored 9/16/2025
Amy Klobuchar
MN • D
Sponsored 9/16/2025
Sen. Luján, Ben Ray [D-NM]
NM • D
Sponsored 9/16/2025
Edward Markey
MA • D
Sponsored 9/16/2025
Jeff Merkley
OR • D
Sponsored 9/16/2025
Christopher Murphy
CT • D
Sponsored 9/16/2025
Patty Murray
WA • D
Sponsored 9/16/2025
Alex Padilla
CA • D
Sponsored 9/16/2025
John Reed
RI • D
Sponsored 9/16/2025
Jacky Rosen
NV • D
Sponsored 9/16/2025
Bernie Sanders
VT • I
Sponsored 9/16/2025
Brian Schatz
HI • D
Sponsored 9/16/2025
Adam Schiff
CA • D
Sponsored 9/16/2025
Charles Schumer
NY • D
Sponsored 9/16/2025
Jeanne Shaheen
NH • D
Sponsored 9/16/2025
Elissa Slotkin
MI • D
Sponsored 9/16/2025
Tina Smith
MN • D
Sponsored 9/16/2025
Chris Van Hollen
MD • D
Sponsored 9/16/2025
Raphael Warnock
GA • D
Sponsored 9/16/2025
Elizabeth Warren
MA • D
Sponsored 9/16/2025
Peter Welch
VT • D
Sponsored 9/16/2025
Sheldon Whitehouse
RI • D
Sponsored 9/16/2025
Roll Call Votes
No roll call votes available for this bill.
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