Federal Programs
The United States does not have a national paid family and medical leave program: however, both Republican and Democratic leaders have agreed that paid leave benefits are important to the American people.
The federal PFML tax credit, including the IRS Form 8994 to claim the credit, is still available and will expire December 31, 2025. Click here to learn more.
Paid family and medical leaves remain a top concern for our federally elected officials in the Senate and House: In October 2023, the US Senate Committee on Finance conducted a hearing, Exploring Paid Leave: Policy, Practice, and Impact on the Workforce, and a recording of the hearing can be found here.
In January 2023, the bipartisan Paid Family Leave Working Group was launched in the House, to explore options for a federal paid family leave program. Supported by the Bipartisan Policy Center and other organizations, the working group’s mission is to bring more paid leave to more Americans through a federal program. This group completed a six-part briefing with policy and business experts to understand existing PFML programs and gain insight:
As of April 2, 2024
Provides paid family leave benefits for:
FEPLA provides paid parental leave in connection with the birth, adoption, or foster care placement of a child for employees covered by the Family and Medical Leave Act (FMLA) provisions applicable to certain federal civilian employees. Benefits started October 1, 2020, and applies to leave taken in connection with a birth or placement of a new child. For more information regarding the Federal employees Paid Parental Leave for Federal Employees see Bulletin #249. FY21.
Parental Bereavement leave, effective January 1, 2022. Employees become eligible for two weeks of paid bereavement leave if a child—including adopted, foster and stepchildren, as well as an adult child with “a mental or physical disability”—dies. The death essentially starts a one-year entitlement, during which employees may elect to take a period of up to two weeks of paid leave. For more information regarding the click on this (Parental Bereavement Leave | CHCOC) link.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year and allows for the extension of their group health benefits to be maintained during the leave.
FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
Employees are eligible for leave if they have worked for their employer for at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to Fair Labor Standards Act (FLSA) principles for determining compensable hours or work.