Congress removes leave penalty for married couples at same employer
S. 3321 — Fair Access for Individuals to Receive Leave Act · Filed by Joni Ernst (R-IA) · 1 cosponsor · Introduced Dec 3, 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 individuals 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 straightforwardly expands leave rights for a specific class of workers (married couples at the same employer) by removing an existing restriction. It is a direct worker-protection measure with no hidden mechanism.
What the text implies
- Employers with high concentrations of married couples may face increased simultaneous leave requests, potentially affecting scheduling and staffing — though FMLA already caps total leave at 12 weeks per year per employee.
- The repeal applies retroactively to all covered employers under FMLA (50+ employees), creating uniform national policy rather than employer-by-employer variation.
Who it affects
Married employees gain expanded access to protected leave for family and medical needs without penalty for spousal employment at the same company. This removes a restriction that previously forced couples to choose between job security and family care.