Congress expands job-protected leave to workers at tiny firms
H.R. 1035 — Job Protection Act · Filed by Lauren Underwood (D-IL) · 60 cosponsors · Introduced Feb 5, 2025 · Referred to committee
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What it does
This bill expands the Family and Medical Leave Act (FMLA) to cover employees at companies with just 1 or more workers (instead of 50+) and reduces the eligibility threshold from 12 months of employment to 90 days. It applies the same changes to federal, presidential, and congressional employees. The result: millions more workers gain the right to unpaid, job-protected leave for medical and family reasons, and small employers become subject to FMLA requirements.
Why we flagged it
The bill's core mechanism is straightforward: it lowers the employer-size threshold and employment-duration threshold for FMLA coverage, extending job-protected leave rights to a much larger population of workers. This is a direct expansion of an existing worker-protection statute, not a tax measure, deregulation, or commemorative act.
What the text implies
- Small employers (1–49 employees) will face new compliance costs and administrative burden to track and manage FMLA leave, potentially increasing HR expenses and operational complexity for businesses that may lack dedicated HR staff.
- The 90-day eligibility threshold may incentivize some employers to rotate or terminate workers before the 90-day mark to avoid FMLA obligations, creating a perverse incentive for short-term employment practices.
The full analysis lists 4 implications of this text.
Who it affects
Ordinary workers gain enforceable rights to job-protected leave for medical and family emergencies, with faster eligibility (90 days vs. 12 months) and coverage extended to small-business employees previously excluded.