Flexible Leave Act
- Bill Number
- H.R. 7505
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Labor and Employment
- Status
- Introduced
- Latest Action
- 2026-02-11: Referred to the Committee on Education and Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-02-27T19:46:57Z
AI-Generated Summary
Purpose
The Flexible Leave Act (H.R. 7505) aims to increase flexibility in the Family and Medical Leave Act of 1993 (FMLA) by allowing eligible employees to take unpaid, job-protected leave in smaller, non-consecutive blocks of time—known as intermittent leave—rather than requiring full weeks or continuous periods. This change targets leave related to personal or family serious health conditions.
Key Provisions
- Expansion of Intermittent Leave: Amends Section 102(b) of the FMLA to permit leave for an employee's own serious health condition (under subsection (a)(1)) or to care for a family member with a serious health condition (under subsection (a)(3)) to be taken intermittently or on a reduced schedule, subject to existing limitations like medical necessity and employer notice requirements.
- Simplification of Certification Process: Amends Section 103(b) of the FMLA by removing paragraphs (5), (6), and (7), which previously imposed additional certification requirements specifically for intermittent leave (such as employer requests for second or third medical opinions or periodic recertification). This eliminates those extra hurdles while retaining general certification rules.
Significant Changes to Existing Law
- Under current FMLA rules, intermittent leave is already allowed for certain reasons (e.g., serious health conditions), but it is often limited in practice due to strict certification demands, such as repeated medical verifications. This bill broadens access by explicitly applying intermittent options to all qualifying health-related leaves and streamlines certification, reducing administrative barriers without altering the total 12-week annual leave entitlement or other core protections.
Potential Impacts
- On Citizens (Employees): Provides greater work-life balance by enabling employees to manage health issues or family care without taking extended time off, potentially reducing financial stress from lost wages or job loss.
- On Employers and Government Agencies: Employers may face increased administrative challenges in tracking intermittent leave, but the removal of extra certification steps could simplify compliance. No direct impact on international relations, as this is a domestic labor policy. Federal agencies overseeing FMLA enforcement (e.g., Department of Labor) may need to update guidance and training.
- Broader Effects: Could lead to higher FMLA usage rates, benefiting workers in industries with variable schedules, but might strain small businesses if leave patterns become more unpredictable.
Main Stakeholders Affected
- Employees and Families: Primary beneficiaries, especially those with ongoing health needs who require flexible time off.
- Employers: Particularly small and medium-sized businesses, which must accommodate intermittent absences while maintaining operations.
- Human Resources and Legal Professionals: Involved in implementing and certifying leave requests.
- Government Regulators: Such as the U.S. Department of Labor, responsible for FMLA administration and enforcement.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FMLA's intent to support family and medical needs without expanding eligibility or paid leave, potentially reducing litigation over certification denials. No apparent constitutional issues, as it aligns with Congress's authority to regulate employment under the Commerce Clause.
- Political: Reflects bipartisan support (introduced by Reps. McBride and Luna) for worker protections amid debates on family leave policies. Could influence future expansions of FMLA, such as paid leave proposals, by demonstrating feasibility of flexibility enhancements.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McBride, Sarah [D-DE-At Large]
Cosponsors (1)
Rep. Luna, Anna Paulina [R-FL-13]
Recent Actions
- 2026-02-11: Referred to the Committee on Education and Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-11: Referred to the Committee on Education and Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-11: Referred to the Committee on Education and Workforce, and in addition to the Committees on Oversight and Government Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-02-11: Introduced in House
- 2026-02-11: Introduced in House
Bill Versions
- Flexible Leave Act — issued 2026-02-11 — PDF (2 pages)