FAMILY Act
- Bill Number
- H.R. 5390
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2025-09-16: Referred to the House Committee on Ways and Means.
- Last Updated
- 2026-05-14T08:08:38Z
AI-Generated Summary
Summary of H.R. 5390: Family and Medical Insurance Leave Act (FAMILY Act)
Purpose
The legislation aims to establish a national paid family and medical leave insurance program administered by the Social Security Administration. It provides partial wage replacement benefits to eligible individuals taking leave for qualified caregiving reasons, such as bonding with a new child, caring for a family member with a serious health condition, addressing one's own serious health condition, or recovering from acts of violence like domestic violence or stalking. The program expands access to paid leave beyond existing unpaid protections under the Family and Medical Leave Act (FMLA) of 1993.
Key Provisions
- Establishment of Program Administration:
- Creates the Office of Paid Family and Medical Leave within the Social Security Administration, led by a Deputy Commissioner.
- The office handles eligibility determinations, benefit payments, fraud prevention, record-keeping, and public education on the program.
- Requires annual reports on benefit usage, including breakdowns by gender, race, ethnicity, and income, and culturally tailored outreach to boost participation.
- Eligibility and Benefits:
- Eligible individuals must have at least $2,000 in wages or self-employment income (adjusted annually for inflation) in the prior eight quarters and engage in "qualified caregiving" (non-work activities for family or personal reasons, limited to 12 times their regular weekly hours per benefit period).
- Benefits cover up to 12 months (or 365 days for retroactive claims), paid monthly based on caregiving hours.
- Wage replacement: 85% for earnings up to $1,257/month (2026 levels, indexed for inflation), 69% for $1,257–$3,500, and 50% above $3,500, capped at a maximum of $4,000/month (minimum $580/month, both indexed).
- Applications require statements, certifications (e.g., from healthcare providers for health conditions), and notice to employers; retroactive claims allowed for up to 90 days prior.
- Benefits reduced if receiving certain disability or unemployment payments; ineligible if receiving federal disability benefits.
- Application and Review Process:
- Initial eligibility decisions within practicable time; appeals within 20 days (extendable for good cause).
- Monthly claims filed within 15 days after month-end; payments or denial notices within 20 days.
- Presumption of truth for applications unless proven false by preponderance of evidence; final appeals follow Social Security Act procedures.
- Protections and Enforcement:
- Prohibits employer retaliation, interference, or discrimination for using benefits; requires job restoration and health coverage maintenance post-leave.
- Allows civil lawsuits for damages (lost wages, up to 60 days' pay for care costs, interest, liquidated damages), equitable relief (e.g., reinstatement), and attorney fees.
- Commissioner can sue for recovery or injunctions; three-year statute of limitations.
- Rebuttable presumption of retaliation for adverse actions within 12 months of leave.
- Interaction with State Programs:
- Does not preempt state or local paid leave laws; "legacy states" (those with comprehensive programs by enactment) receive federal grants to cover costs if they maintain equivalent benefits and share data.
- Employer-provided benefits in legacy states count toward program compliance.
- Implementation:
- Regulations developed with input from a 15-member advisory body (appointed by congressional leaders and the President).
- Applications start 18 months after enactment; GAO studies program efficiency every five years, focusing on processing times and delays.
Significant Changes to Existing Law
- Builds on the unpaid FMLA by introducing federal paid benefits, expanding covered reasons to include violence recovery (e.g., counseling, relocation, legal aid) and broadening "family member" to include siblings, grandparents, grandchildren, and equivalent relationships (e.g., domestic partners).
- Integrates with Social Security systems for administration and funding (via a new trust fund implied through benefit payments), unlike state-only programs.
- Adds enforcement teeth, such as liquidated damages and retaliation presumptions, beyond FMLA's remedies.
- Accommodates existing state programs through grants, avoiding displacement for states like California or New York with paid leave laws.
Potential Impacts
- Government Agencies: Social Security Administration gains new responsibilities, requiring data-sharing agreements and potential staffing increases; legacy states receive funding support, reducing administrative burdens.
- Citizens: Provides financial support for caregiving, potentially reducing economic hardship for workers (especially low-wage, women, and caregivers); could increase leave usage, improving family well-being and workforce participation. Unemployed or self-employed individuals qualify if meeting income thresholds.
- International Relations: Minimal direct impact, though it aligns U.S. policy more closely with other developed nations' paid leave standards, potentially enhancing global perceptions of U.S. labor protections.
Main Stakeholders Affected
- Individuals and Families: Primary beneficiaries, including workers needing leave for childbirth, illness, or violence recovery; especially impacts women, minorities, low-income earners, and caregivers.
- Employers: Must comply with notice requirements, job protections, and anti-retaliation rules; small businesses may face indirect costs from employee absences, but larger ones could see reduced turnover.
- States and Legacy Programs: Eight states (and D.C.) with existing paid leave (e.g., California, New York) receive grants but must share data and maintain standards.
- Social Security Administration: Oversees program, including payments from a dedicated trust fund financed by payroll taxes (implied but not detailed in bill text).
- Healthcare Providers and Victim Services: Involved in certifications for claims related to health conditions or violence.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances FMLA without overriding it; applies Social Security Act provisions (e.g., fraud penalties, appeals) to ensure consistency. Broad definitions of family and violence (drawing from Violence Against Women Act) promote inclusivity but may invite challenges on certification burdens.
- Constitutional: Likely withstands scrutiny under Commerce Clause as a federal labor regulation; equal protection considerations arise from demographic-focused reporting and outreach, aiming to address disparities without mandating quotas.
- Political: Bipartisan sponsorship (over 200 cosponsors, mostly Democrats) signals strong support for expanding social insurance, but funding via payroll taxes (not specified here) could spark debates on fiscal impacts. Advisory body structure fosters cross-partisan input; GAO oversight promotes accountability and potential future adjustments.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. DeLauro, Rosa L. [D-CT-3]
Cosponsors (207)
Rep. Figures, Shomari [D-AL-2], Rep. Sewell, Terri A. [D-AL-7], Rep. Ansari, Yassamin [D-AZ-3], Rep. Huffman, Jared [D-CA-2], Rep. Thompson, Mike [D-CA-4], Rep. Bera, Ami [D-CA-6], Rep. Matsui, Doris O. [D-CA-7], Rep. Garamendi, John [D-CA-8], Rep. DeSaulnier, Mark [D-CA-10], Rep. Pelosi, Nancy [D-CA-11], Rep. Simon, Lateefah [D-CA-12], Rep. Swalwell, Eric [D-CA-14], Rep. Mullin, Kevin [D-CA-15], Rep. Khanna, Ro [D-CA-17], Rep. Lofgren, Zoe [D-CA-18], Rep. Panetta, Jimmy [D-CA-19], Rep. Costa, Jim [D-CA-21], Rep. Carbajal, Salud O. [D-CA-24], Rep. Ruiz, Raul [D-CA-25], Rep. Brownley, Julia [D-CA-26], Rep. Whitesides, George [D-CA-27], Rep. Chu, Judy [D-CA-28], Rep. Rivas, Luz M. [D-CA-29], Rep. Friedman, Laura [D-CA-30], Rep. Cisneros, Gilbert Ray [D-CA-31], Rep. Sherman, Brad [D-CA-32], Rep. Aguilar, Pete [D-CA-33], Rep. Gomez, Jimmy [D-CA-34], Rep. Torres, Norma J. [D-CA-35], Rep. Lieu, Ted [D-CA-36], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Sánchez, Linda T. [D-CA-38], Rep. Takano, Mark [D-CA-39], Rep. Garcia, Robert [D-CA-42], Rep. Waters, Maxine [D-CA-43], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Tran, Derek [D-CA-45], Rep. Min, Dave [D-CA-47], Rep. Levin, Mike [D-CA-49], Rep. Jacobs, Sara [D-CA-51], Rep. Vargas, Juan [D-CA-52], Rep. DeGette, Diana [D-CO-1], Rep. Neguse, Joe [D-CO-2], Rep. Crow, Jason [D-CO-6], Rep. Pettersen, Brittany [D-CO-7], Rep. Larson, John B. [D-CT-1], Rep. Courtney, Joe [D-CT-2], Rep. Himes, James A. [D-CT-4], Rep. Hayes, Jahana [D-CT-5], Del. Norton, Eleanor Holmes [D-DC-At Large] and 157 more
Recent Actions
- 2025-09-16: Referred to the House Committee on Ways and Means.
- 2025-09-16: Introduced in House
- 2025-09-16: Introduced in House
Bill Versions
- Family and Medical Insurance Leave Act — issued 2025-09-16 — PDF (49 pages)