Two employees. One marriage. Half the leave? A new bill would change that.

 

If two employees are married and work for the same company, the Family and Medical Leave Act (FMLA) lets their employer cap their combined leave at 12 weeks. A new bill in Congress proposes to eliminate that restriction.

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TL;DR: A bipartisan bill introduced in the U.S. House—called the FAIR Leave Act—would amend the FMLA by eliminating a provision that limits the total amount of leave available to spouses working for the same employer. If enacted, the change would allow each eligible spouse to take the full 12 weeks of FMLA leave for certain qualifying events.
📄 Read the bill text (PDF).

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Background: What the FAIR Leave Act Would Do

Under current law, Section 102(f) of the FMLA allows an employer to limit the combined amount of leave two spouses can take—up to 12 weeks total—when the leave is for:

• The birth or placement of a child, or
• To care for certain family members with a serious health condition.

This limitation applies only when both spouses are employed by the same covered employer.

The Fair Access for Individuals to Receive Leave Act (the “FAIR Leave Act”) would repeal this provision. In doing so, it would allow each eligible spouse to take up to 12 weeks of unpaid, job-protected leave independently, even if they work for the same employer and seek leave for the same qualifying reason.

The bill was introduced by Representatives Sarah McBride (D-DE), Brian Fitzpatrick (R-PA), and Chrissy Houlahan (D-PA). You can read their official statements here:

• Press Release: McBride, Fitzpatrick, and Houlahan Introduce FAIR Leave Act
• Statement: Rep. McBride: “FAIR Leave Isn’t Just a Matter of Fair Policy—It’s a Matter of Life and Death”

What Would Change for Employers

If passed, the bill would eliminate the need to coordinate FMLA leave between married employees. That could affect:

• Leave tracking systems: Employers would no longer be able to restrict combined spousal leave to 12 weeks for certain events.
• Workforce planning: Employers might see overlapping leave requests from spouses employed in the same workplace.
• Policy language: Existing FMLA policies may need to be revised to align with the amended law.

As with all proposed legislation, it’s unclear whether the FAIR Leave Act will advance in this Congress. But employers may want to monitor its progress and begin reviewing any policies that specifically address married employees’ leave entitlements.

Final Thought

The FAIR Leave Act would not expand the total amount of FMLA leave available to any one employee. It would, however, change how that leave is allocated between spouses working for the same employer—by removing the restriction entirely.