Fitzpatrick fights for fairness: FAIR Leave Act ensures equal leave for all families

WASHINGTON, D.C. — Today [May 14], Congressman Brian Fitzpatrick, along with Congresswomen Sarah McBride (D-DE) and Haley Stevens (D-MI), introduced the FAIR Leave Act — a bipartisan, commonsense fix to ensure that married individuals working for the same employer are each entitled to the full benefits provided under the Family and Medical Leave Act (FMLA).

Under current federal regulations, married couples who work for the same employer are forced to share a single 12-week leave period under the Family and Medical Leave Act (FMLA) — placing an unfair burden on families during their most vulnerable moments. The FAIR Leave Act — short for Fully Adhering to Individual Rights in Leave — would eliminate this outdated restriction and guarantee that each spouse receives their own 12 weeks of unpaid, job-protected leave.

“Our family leave policies are outdated and fail to reflect the real needs of today’s working families,” said Congressman Brian Fitzpatrick (PA-1). “Married couples working for the same employer should not be penalized simply because of their relationship. Our bipartisan FAIR Leave Act removes outdated restrictions and guarantees that all workers — regardless of marital status — can access the full leave benefits they’ve earned.”

The FMLA is intended to help workers balance their jobs with serious family and medical needs — including welcoming a new child, caring for an ill parent or spouse, or addressing their own serious health condition. But for dual-employed couples, those protections are cut in half — leaving families with less time, fewer options, and greater stress during already challenging moments.

The FAIR Leave Act ends that penalty by guaranteeing each spouse receives the full 12 weeks they are entitled to under law.

“No one should have to choose between caring for a loved one and keeping their job,” said Rep. McBride. “When my late husband, Andy, was diagnosed with cancer, we were working for the same employer. While Andy and I were lucky to have a compassionate employer that allowed us to take off the necessary time, other workers aren’t as lucky. Just because a family works for the same employer doesn’t mean they should get less time off than other families. This bipartisan fix is long overdue.”

“The FAIR Leave Act is bipartisan, common-sense legislation that will allow new parents working for the same employer to access a full 12 weeks of job-protected leave each after the birth or adoption of their child,” said Rep. Stevens. “This is an important step that will make having a family easier in Michigan and across the country. I want to thank my colleagues for their bipartisan commitment to this important issue.”

“This is about fairness and dignity for working families,” said Rep. McBride. “Every worker deserves equal access to leave—regardless of who they’re married to or where they work. I’m proud to work across the aisle with Rep. Fitzpatrick to get this done.”

The FAIR Leave Act is supported by the National Partnership for Women and Families, the Bipartisan Policy Center Action, the Association of Maternal and Child Health Programs, Paid Leave for All, Center for Law and Social Policy (CLASP), the March of Dimes. 

The full bill text is available here.