Job Protection Act: FMLA Leave Eligibility Expands to 90 Days, Covers All Employers

The "Job Protection Act" significantly changes who can take family and medical leave and which employers must offer it. The bill amends the Family and Medical Leave Act of 1993 (FMLA), slashing the required employment time for leave eligibility from 12 months down to just 90 days (SEC. 2). It also drastically expands employer coverage, requiring all employers with one or more employees to comply with the FMLA, instead of only those with 50 or more (SEC. 3).

Leave, Actually, For Everyone

Previously, only employees who'd worked for a company for a full year and clocked at least 1,250 hours were eligible for FMLA leave. This bill throws out that requirement, replacing it with a simple 90-day employment period. This applies across the board – to private sector workers, federal employees, Presidential employees, and Congressional employees (SEC. 2).

• Real-World Impact: Imagine a retail worker who starts a new job in July. Under the old rules, they wouldn't be eligible for FMLA leave until the next July. With the Job Protection Act, they could take leave for a qualifying reason (like the birth of a child or a serious health condition) as early as October of the same year.

Small Business, Big Change

The current FMLA only applies to businesses with 50 or more employees. The Job Protection Act changes that dramatically, extending FMLA coverage to all employers, regardless of size (SEC. 3). This means even the smallest businesses – the local coffee shop, the family-owned construction company, the startup with just a few employees – will now be required to provide unpaid, job-protected leave.

• Real-World Impact: A graphic designer working for a small design firm with only three employees would now be entitled to FMLA leave, whereas previously they had no such protection. This provides significant security but could present challenges for very small businesses in managing staffing during leave periods.

Challenges and Considerations

While the expansion of leave eligibility is a major win for workers, it's worth noting potential hurdles. Small businesses, in particular, may face challenges in adapting to the new requirements. Managing schedules and workflows around employee leave can be more complex with fewer staff members. However, the bill's core change—making job-protected leave accessible much earlier in employment and across all employer sizes—represents a substantial shift in worker protections.