Married employees would no longer have to share FMLA leave under bipartisan bill

Married employees working for the same company would no longer have to share the 12 weeks of leave under the federal Family and Medical Leave Act (FMLA) if a bipartisan bill gets signed into law.

Introduced on May 14, 2025, the “Fair Access for Individuals to Receive Leave Act,’’ or the ‘‘FAIR Leave Act,” would remove the shared leave requirement. The rest of the FMLA would remain the same.

Currently, spouses who are eligible for FMLA leave and work for the same employer must share the 12 weeks of leave during a 12-month period when they take leave:

• To care for the employee's parent with a serious health condition,
• For the birth of the employee's child, or to care for the child after the birth, or
• For placement of a child with the employee for adoption or foster care, or to care for the child after placement.

Married employees are entitled to 12 weeks of FMLA leave each for other qualifying reasons.

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, the Center for Law and Social Policy (CLASP), the March of Dimes, and the Delaware Black Chamber of Commerce.

Congresswoman Sarah McBride (D-DE), who is leading the drive behind the bill, experienced the law’s restriction when she took FMLA leave to care for her late husband while they both worked for the same employer.

Whether the bill makes it through Congress remains to be seen. If it passes, employers would need to be aware of the change, update any related time off policies, and adjust leave tracking tools/practices.