Today, Rep. Katie Porter (D-CA) and 14 Members of Congress reintroduced the bipartisan Fair Access for Individuals to Receive (FAIR) Leave Act, which strikes a loophole in federal law that limits the amount of leave available to married couples who work together. Representatives Ashley Hinson (R-IA), Gerry Connolly (D-VA), Brian Fitzpatrick (R-PA), and Haley Stevens (D-MI) co-led the bill’s reintroduction.

“Strong leave policies don't just help families—everyone benefits from how they boost our entire economy,” said Rep. Porter. “Parents don't have to leave their jobs, businesses spend less on training replacements, and our nation's workforce retains the best workers there are. Our bipartisan legislation improves federal leave policy by closing a loophole that boxes out certain Americans based on their marital status."

Rep. Porter’s legislation would extend the time off that married couples working for the same employer can take. Current federal law grants eligible workers 12 weeks of unpaid leave for the birth of a newborn, the adoption of a child, or caring for a parent with a serious health condition. But a loophole in the law means spouses who work for the same employer can be forced to share the 12 weeks of leave. The FAIR Leave Act would end this restriction on couples and require employers to provide 12 weeks of leave to each spouse, just as spouses working for different employers can take.

“New parents shouldn’t be penalized and receive less family leave just because they work for the same employer,” said Rep. Hinson. “The bipartisan FAIR Leave Act ensures all working parents get their full leave – regardless of if they work for the same employer – and gives families the resources to take care of their newborns and loved ones while remaining in the workforce. I’ll continue working across the aisle to expand access to leave options for new parents.”

“Congress must support working families and help them meet the demands of parenthood in the 21st Century economy,” said Rep. Connolly. “People should not have to choose between caring for their families and keeping their jobs. 

“Family leave is an important resource for families to have flexibility to take time off to care for their children and loved ones,” said Rep. Fitzpatrick. “Our bipartisan, bicameral Fair Access for Individuals to Receive Leave Act will ensure married couples working for the same employer can take the leave they have earned. I am proud to lead this important effort with my colleagues.”

“Regardless of their employer, working couples should never have to choose between keeping their job or caring for a loved one,” said Rep. Stevens. “Married couples should not be penalized for working for the same employer. The bipartisan, bicameral FAIR Leave Act is a commonsense solution that will help Michiganders take the time they need to care for a new child or an ailing parent, while maintaining their job security.”

Reps. Colin Allred (D-TX), Stephen F. Lynch (D-MA), Jerrold Nadler (D-NY), Don Beyer (D-VA), Eleanor Holmes Norton (D-DC), Mark Pocan (D-WI), Seth Moulton (D-MA), Barbara Lee (D-CA), Steve Cohen (D-TN), and Annie Kuster (D-NH) also cosponsored the FAIR Leave Act. The Senate’s companion bill was introduced this week by Senators Joni Ernst (R-IA) and Kyrsten Sinema (I-AZ). 

Several partner organizations endorsed the FAIR Leave Act, including the American Academy of Pediatrics, Association of Maternal and Child Health Programs, Bipartisan Policy Center Action, California Work & Family Coalition, Center for Law and Social Policy, March of Dimes, National Partnership for Women and Families, Paid Leave for All, and Third Way.

“Married couples who work for the same employer ought to be able to each take 12 weeks of job protected, unpaid leave to care for a newborn, an aging or sick loved one, or servicemember,” said Michele Stockwell, President of BPC Action. “This important legislation closes a longtime loophole in the FMLA by allowing spouses working for the same employer to each take the same full 12 weeks of job protected leave that most other workers receive, and we commend this legislation as it will benefit working families across the country.”

Congresswoman Porter firmly believes that strong family policy is strong economic policy. As a single mom and advocate for workers, she has championed legislation to provide universal paid parental and medical leave for families welcoming a new child or caring for an ailing parent. One of the first bills she introduced in Congress would double the amount of money families can set aside pre-tax for summer camp, pre-school, and child or adult care costs. Rep. Porter has backed a number of proposals to lower child care costs for Americans, including capping child care costs at 7% of a family’s income and providing communities with resources to expand child care facilities and hire more workers. 

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