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119-s-408119th CongressWALLET

Job Protection Act

Sponsored By: Senator Smith, Tina [D-MN]

Introduced

Summary

Expands who can take and who must provide Family and Medical Leave. This bill would lower the time an employee must work to qualify for leave and extend employer obligations so many more workers can access FMLA protections sooner.

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  • Workers and families: Short-tenure employees could qualify after 90 days instead of meeting a 12-month test. The bill also adjusts statutory exclusions and repeals some technical subparagraphs, which changes how eligibility is defined.
  • Employers and small businesses: Workplaces with 1 or more employees would be subject to FMLA rules instead of the current 50-employee threshold, extending obligations to many small employers and sole proprietors. Coverage would apply to leave taken on or after enactment.
  • Federal, Presidential, and Congressional staff: The bill replaces the 12-month and 1,250-hour tests with a 90-day standard for federal civil service, Presidential employees, and employees covered under the Congressional Accountability Act. That aligns government employees with the new private-sector eligibility standard.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Make nearly all employers follow FMLA

If enacted, this bill would make nearly all employers subject to the Family and Medical Leave Act by changing the size test to "1 or more employees." It would require employers of any size to follow FMLA rules for leave. This change would apply to leave taken on or after the date the bill is enacted. Employees at very small workplaces could gain job-protected leave, while small employers could face new compliance costs.

Qualify for leave after 90 days

If enacted, the bill would let many workers qualify for job-protected family and medical leave after 90 days on the job instead of 12 months. The 90-day rule would apply across private, federal, Presidential, and congressional employment rules named in the bill. The bill would also remove two definition subparagraphs and clarify that certain Federal officers and employees are covered under the new federal subchapter. These changes could expand who can take FMLA leave, though some technical definition changes may shift coverage in specific cases.

Sponsors & CoSponsors

Sponsor

Smith, Tina [D-MN]

MN • D

Cosponsors

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 2/5/2025

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 2/5/2025

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 2/5/2025

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 2/5/2025

  • Sen. Murray, Patty [D-WA]

    WA • D

    Sponsored 2/5/2025

  • Sen. Gillibrand, Kirsten E. [D-NY]

    NY • D

    Sponsored 2/5/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 2/5/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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