Job Protection Act
- Sponsor
- Rep. Underwood, Lauren [D-IL-14]
- Committees
- Oversight and Government Reform Committee (primary)
- Last action
- Feb 5, 2025
Bottom line
The Job Protection Act dramatically broadens access to job-protected family and medical leave for millions more American workers and applies FMLA requirements to a vast number of smaller businesses.
What it actually does
This bill significantly expands the reach of the Family and Medical Leave Act (FMLA) by reducing the employee eligibility requirement from 12 months of employment and 1,250 hours of service to just 90 days of employment. It also lowers the employer coverage threshold from businesses with 50 or more employees to those with 1 or more employees, effectively extending FMLA protections to nearly all private sector workers and businesses.
Proponents argue
Proponents argue that the bill modernizes the FMLA to better reflect the realities of today's workforce, ensuring that more working families have access to vital job-protected leave when they need it most, such as for the birth of a child or a serious health condition. They contend that expanding eligibility and coverage will reduce economic insecurity for workers, promote gender equity, and allow employees to prioritize family and health without fear of losing their jobs.
Opponents contend
Opponents contend that this expansion would impose significant new administrative and financial burdens on businesses, particularly small businesses, which may struggle to manage the costs and logistical challenges of providing leave for employees with only 90 days of service. They argue that it could lead to reduced hiring, increased operational costs, and decreased competitiveness, potentially harming the very businesses that drive local economies.
This bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions and implications within minutes.
Section 2(a)(1), (2), (3), (4) and Section 2(b)
Expansion of Employee Eligibility for FMLA Leave
This provision amends the Family and Medical Leave Act to significantly reduce the eligibility requirements for employees. Currently, an employee must have worked for their employer for at least 12 months and accumulated 1,250 hours of service in the preceding 12 months. This bill changes that to simply requiring employment for at least 90 days. It also removes previous exclusions for certain employees based on worksite size and applies this new 90-day eligibility to Federal, Presidential, and Congressional employees.
Supporters argue
Supporters argue that a 90-day eligibility period is more equitable and responsive to the needs of modern workers, many of whom cannot afford to wait a full year to access critical leave benefits. They contend it ensures job security for new parents or those facing unexpected health crises early in their employment.
Critics contend
Critics argue that reducing the eligibility period to 90 days places an undue burden on employers, particularly for training and retaining new staff. They suggest it could lead to higher turnover costs and make it difficult for businesses to plan for staffing needs, especially if new employees take extended leave shortly after hiring.
Tradeoffs
This provision balances the desire to provide immediate job protection for workers with the operational flexibility and stability needs of employers, particularly concerning new hires and the associated costs of training and potential temporary replacements.
Section 3
Expansion of Employer Coverage for FMLA Requirements
This provision dramatically expands the scope of the Family and Medical Leave Act by lowering the employer coverage threshold. Currently, FMLA applies only to private sector employers with 50 or more employees. This bill amends the Act to apply to any employer with 1 or more employees, effectively extending FMLA requirements to almost all businesses in the United States, including very small businesses that were previously exempt.