Congress removes spousal leave cap, restoring equal FMLA access
H.R. 3404 — FAIR Leave Act · Filed by Sarah McBride (D-DE) · 3 cosponsors · Introduced May 14, 2025 · Referred to committee
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What it does
This bill repeals Section 102(f) of the Family and Medical Leave Act of 1993, which currently imposes limits on leave for married couples employed by the same employer. The effect is to remove restrictions that prevent spouses working at the same company from taking the full amount of FMLA leave available to them individually.
Why we flagged it
The bill's sole operative function is to expand leave eligibility for a specific class of workers (married couples at the same employer) by removing an existing statutory cap. It is a straightforward eligibility amendment with no hidden mechanisms.
What the text implies
- Employers with high concentrations of married couples may face increased simultaneous leave requests, potentially affecting scheduling and staffing continuity — though FMLA's 12-week annual cap per employee remains in place.
- The repeal applies retroactively to all covered employers under FMLA (50+ employees), creating uniform national eligibility; no phase-in or transition period is specified in the bill text.
Who it affects
Married employees at the same employer gain expanded access to unpaid, job-protected leave for family and medical needs. This removes a restriction that previously forced couples to choose between one spouse's leave and the other's, restoring equal treatment under FMLA.