On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (BBBA or the Act), [1] which, if enacted, would be the first federal enhancement of family and medical leave for private sector workers since the enactment of the Family and Medical Leave Act (FMLA) in 1993. While the BBBA does not go as far as initially proposed (12 weeks of paid leave), it would expand upon the FMLA’s current unpaid protections by providing up to four weeks of paid caregiving leave. Further, the BBBA would allow paid leave benefits for a broader group of eligible workers and for additional qualifying family members beyond those covered by the FMLA. If enacted, the paid family leave program would become effective January 2024.
The Act would provide paid leave to nearly all U.S. workers, including self-employed individuals, through an amendment to the Social Security Act. Unlike the FMLA, the BBBA’s paid leave benefits do not require a specific length of service, and are not limited to larger employers. However, workers would have to meet a minimum threshold of earned wages ($2,000 starting in 2024) for a quarterly period ending at least four months prior to using paid leave benefits. To use such benefits, workers must complete an application, which would be good for 90 days, and will also provide a lookback period of 90 days, for qualifying leaves of at least 4 hours weekly.
Eligible workers could receive paid leave benefits for the following reasons:
because of...
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