119-s2823

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2823 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2823

 To provide paid family and medical leave benefits to certain 
 individuals, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 16, 2025

 Mrs. Gillibrand (for herself, Mr. Wyden, Ms. Alsobrooks, Ms. Baldwin, 
Mr. Bennet, Mr. Blumenthal, Ms. Blunt Rochester, Mr. Booker, Mr. Coons, 
Ms. Duckworth, Mr. Durbin, Mr. Fetterman, Mr. Gallego, Ms. Hassan, Mr. 
Heinrich, Ms. Hirono, Mr. Kelly, Mr. Kim, Ms. Klobuchar, Mr. Lujan, Mr. 
 Markey, Mr. Merkley, Mr. Murphy, Mrs. Murray, Mr. Padilla, Mr. Reed, 
 Ms. Rosen, Mr. Sanders, Mr. Schatz, Mr. Schiff, Mr. Schumer, Mrs. 
 Shaheen, Ms. Slotkin, Ms. Smith, Mr. Van Hollen, Mr. Warnock, Ms. 
 Warren, Mr. Welch, and Mr. Whitehouse) introduced the following bill; 
 which was read twice and referred to the Committee on Finance

_______________________________________________________________________

 A BILL

 To provide paid family and medical leave benefits to certain 
 individuals, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Family and Medical Insurance Leave 
Act'' or the ``FAMILY Act''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Caregiving hour.--
        (A) In general.--The term ``caregiving hour'' 
 means, with respect to an individual, a 1-hour period 
 during which the individual engaged in qualified 
 caregiving.
        (B) Limitations.--With respect to any benefit 
 period, an individual may not exceed a number of 
 caregiving hours equal to 12 times the number of hours 
 in a regular workweek of the individual (as determined 
 under subparagraph
            (C) ).
            (C) Number of hours in a regular workweek.--For 
 purposes of this Act, the number of hours in a regular 
 workweek of an individual shall be the number of hours 
 that the individual regularly works in a week for all 
 employers or as a self-employed individual (or 
 regularly worked in the case of an individual who is no 
 longer working or whose total weekly hours of work have 
 been reduced) during the month before the individual's 
 benefit period begins (or prior to such month, if 
 applicable in the case of an individual who is no 
 longer working or whose total weekly hours of work have 
 been reduced).

    (2) Commissioner.--The term ``Commissioner'' means the 
 Commissioner of Social Security.

    (3) Deputy commissioner.--The term ``Deputy Commissioner'' 
 means the Deputy Commissioner who heads the Office of Paid 
 Family and Medical Leave established under 

section 3

    (a) .

    (4) Eligible individual.--The term ``eligible individual'' 
 means an individual who is entitled to a benefit under 

section 4 for a particular month, upon filing an application for such 
 benefit for such month.

    (5) National average wage index.--The term ``national 
 average wage index'' has the meaning given such term in 

section 209

    (k)

    (1) of the Social Security Act (42 U.S.C. 409

    (k)

    (1) ).

    (6) Qualified caregiving.--
        (A) In general.--The term ``qualified caregiving'' 
 means any activity engaged in by an individual, other 
 than regular employment, for a qualifying reason.
        (B) Qualifying reason.--
            (i) In general.--For purposes of 
 subparagraph
        (A) , the term ``qualifying 
 reason'' means any of the following reasons for 
 taking leave:
            (I) Any reason for which an 
 eligible employee would be entitled to 
 leave under subparagraph
        (A) ,
        (B) , or
        (E) of paragraph

    (1) of 

section 102

    (a) of the Family and Medical Leave Act of 
 1993 (29 U.S.C. 2612

    (a) ).
            (II) In order to care for a 
 qualified family member of the 
 individual, if such qualified family 
 member has a serious health condition.
            (III) Because of a serious health 
 condition that makes the individual 
 unable to perform the services required 
 under the terms of their regular 
 employment.
            (IV) Because the individual, or a 
 qualified family member, is a victim of 
 family violence or a qualifying act of 
 violence, if the leave is for the 
 individual to do any of the following 
 or to assist the individual's qualified 
 family member to, as a result of such 
 violence, do any of the following:

    (aa) Seek, receive, or 
 secure counseling.

    (bb) Seek or secure 
 temporary or permanent 
 relocation or take steps to 
 secure an existing home.
            (cc) Seek, receive, or 
 follow up on assistance from a 
 victim services organization or 
 agency providing services to 
 victims.
            (dd) Seek legal assistance 
 or attend legal proceedings, 
 including preparation for or 
 participation in any related 
 administrative, civil, or 
 criminal legal proceedings or 
 other related activities.

    (ee) Seek medical attention 
 for physical or psychological 
 injury or disability caused or 
 aggravated by the qualifying 
 act of violence.

    (ff) Enroll in a new school 
 or care arrangement.

    (gg) Take other steps 
 necessary to protect or restore 
 their physical, mental, 
 emotional, spiritual, and 
 economic well-being or the 
 well-being of a qualified 
 family member recovering from a 
 qualifying act of violence.
            (ii) Qualified family member; serious 
 health condition.--In this subparagraph:
            (I) Qualified family member.--The 
 term ``qualified family member'' means, 
 with respect to an individual--

    (aa) a spouse (including a 
 domestic partner in a civil 
 union or other registered 
 domestic partnership recognized 
 by a State) or a parent of such 
 spouse;

    (bb) a child (regardless of 
 age) or a child's spouse;
            (cc) a parent or a parent's 
 spouse;
            (dd) a sibling or a 
 sibling's spouse;

    (ee) a grandparent, a 
 grandchild, or a spouse of a 
 grandparent or grandchild; and

    (ff) any other individual 
 who is related by blood or 
 affinity and whose association 
 with the employee is equivalent 
 of a family relationship.
            (II) Serious health condition.--The 
 term ``serious health condition'' has 
 the meaning given such term in 

section 101

    (11) of the Family and Medical Leave 
 Act of 1993 (29 U.S.C. 2611

    (11) ).
            (iii) Treatment of individuals covered by 
 legacy state comprehensive paid leave 
 program.--
            (I) In general.--For purposes of 
 subparagraph
        (A) , an activity engaged 
 in by an individual shall not be 
 considered as other than regular 
 employment if, for the time during 
 which the individual was so engaged, 
 the individual is taking leave from 
 covered employment under the law of a 
 legacy State (as defined in 

section 4
            (c) ).
            (II) Unemployed.--In the case of an 
 individual who is no longer employed, 
 such individual shall be treated, for 
 purposes of clause
            (i) , as taking leave 
 from covered employment under the law 
 of a legacy State (as so defined) with 
 respect to the portion of the time 
 during which the individual was engaged 
 in an activity for a qualifying reason 
 corresponding to the share of the 
 individual's workweek that was in 
 covered employment under the law of a 
 legacy State (as so defined).
            (C) Other 

=== definitions. ===
-For purposes of this 
 paragraph:
            (i) Child.--The term ``child'' means, 
 regardless of age, a biological, foster, or 
 adopted child, a stepchild, a child of a 
 domestic partner, a legal ward, or a child of a 
 person standing in loco parentis.
            (ii) Domestic partner.--
            (I) In general.--The term 
 ``domestic partner'', with respect to 
 an individual, means another individual 
 with whom the individual is in a 
 committed relationship.
            (II) Committed relationship 
 defined.--The term ``committed 
 relationship'' means a relationship 
 between 2 individuals, each at least 18 
 years of age, in which each individual 
 is the other individual's sole domestic 
 partner and both individuals share 
 responsibility for a significant 
 measure of each other's common welfare. 
 The term includes any such relationship 
 between 2 individuals, including 
 individuals of the same sex, that is 
 granted legal recognition by a State or 
 political subdivision of a State as a 
 marriage or analogous relationship, 
 including a civil union or domestic 
 partnership.
            (iii) Dating violence.--The term ``dating 
 violence'' has the meaning given the term in 
 

section 40002

    (a) of the Violence Against Women 
 Act of 1994 (34 U.S.C. 12291

    (a) ).
            (iv) Domestic violence.--The term 
 ``domestic violence'' has the meaning given the 
 term in 

section 40002

    (a) of the Violence 
 Against Women Act of 1994 (34 U.S.C. 12291

    (a) ), 
 except that the reference in such section to 
 the term ``jurisdiction receiving grant 
 funding'' shall be deemed to mean the 
 jurisdiction in which the victim lives or the 
 jurisdiction in which the employer involved is 
 located.
            (v) Parent.--The term ``parent'' means a 
 biological, foster, or adoptive parent of an 
 employee, a stepparent of an employee, parent-
 in-law, parent of a domestic partner, or a 
 legal guardian or other person who stood in 
 loco parentis to an employee when the employee 
 was a child.
            (vi) Qualifying act of violence.--The term 
 ``qualifying act of violence'' means an act, 
 conduct, or pattern of conduct that could 
 constitute any of the following:
            (I) Dating violence.
            (II) Domestic violence.
            (III) Family violence.
            (IV) Sexual assault.
            (V) Sex trafficking.
            (VI) Stalking.
            (VII) Other forms of gender-based 
 violence or harassment.
            (VIII) An act, conduct, or pattern 
 of conduct--

    (aa) in which an individual 
 causes or threatens to cause 
 bodily injury or death to 
 another individual;

    (bb) in which an individual 
 exhibits, draws, brandishes, or 
 uses a firearm, or other 
 dangerous weapon, with respect 
 to another individual; or
            (cc) in which an individual 
 uses, or makes a reasonably 
 perceived or actual threat to 
 use, force against another 
 individual to cause bodily 
 injury or death.
            (vii) Sexual assault.--The term ``sexual 
 assault'' has the meaning given the term in 
 

section 40002

    (a) of the Violence Against Women 
 Act of 1994 (34 U.S.C. 12291

    (a) ).
            (viii) Sex trafficking.--The term ``sex 
 trafficking'' has the meaning given the term in 
 

section 40002

    (a) of the Violence Against Women 
 Act of 1994 (34 U.S.C. 12291

    (a) ).
            (ix) Spouse.--The term ``spouse'', with 
 respect to an employee, has the meaning given 
 such term by the marriage laws of the State in 
 which the marriage was celebrated.
            (x) Stalking.--The term ``stalking'' has 
 the meaning given the term in 

section 40002

    (a) of the Violence Against Women Act of 1994 (34 
 U.S.C. 12291

    (a) ).
            (xi) Victim services organization.--The 
 term ``victim services organization'' means a 
 nonprofit, nongovernmental organization that 
 provides assistance to victims of qualifying 
 acts of violence or advocates for such victims, 
 including--
            (I) a rape crisis center;
            (II) an organization carrying out a 
 prevention or treatment program for 
 qualifying acts of violence;
            (III) an organization operating a 
 shelter or providing counseling 
 services; and
            (IV) a legal services organization 
 or other organization providing 
 assistance through the legal process.

    (7) Self-employment income.--The term ``self-employment 
 income'' has the same meaning as such term in 

section 211

    (b) of 
 such Act (42 U.S.C. 411

    (b) ).

    (8) State.--The term ``State'' means any State of the 
 United States or the District of Columbia or any territory or 
 possession of the United States.

    (9) Wages.--The term ``wages'' has the meaning given such 
 term in 

section 3121

    (a) of the Internal Revenue Code of 1986 
 for purposes of the taxes imposed by sections 3101

    (b) and 
 3111

    (b) of such Code (without regard to 

section 3121

    (u)

    (2)
            (C) of such Code), except that such term also includes--
        (A) compensation, as defined in 

section 3231

    (e) of 
 such Code for purposes of the Railroad Retirement Tax 
 Act; and
        (B) unemployment compensation, as defined in 
 

section 85

    (b) of such Code.

SEC. 3. OFFICE OF PAID FAMILY AND MEDICAL LEAVE.

    (a) Establishment of Office.--There is established within the 
Social Security Administration an office to be known as the Office of 
Paid Family and Medical Leave. The Office shall be headed by a Deputy 
Commissioner who shall be appointed by the Commissioner.

    (b) Responsibilities of Deputy Commissioner.--The Commissioner, 
acting through the Deputy Commissioner, shall be responsible for--

    (1) hiring personnel and making employment decisions with 
 regard to such personnel;

    (2) issuing such regulations as may be necessary to carry 
 out the purposes of this Act;

    (3) entering into cooperative agreements with other 
 agencies and departments to ensure the efficiency of the 
 administration of the program;

    (4) determining eligibility for family and medical leave 
 insurance benefits under 

section 4;

    (5) determining benefit amounts for each month of such 
 eligibility and making timely payments of such benefits to 
 entitled individuals in accordance with such section;

    (6) establishing and maintaining a system of records 
 relating to the administration of such section;

    (7) preventing fraud and abuse relating to such benefits;

    (8) providing information on request regarding eligibility 
 requirements, the claims process, benefit amounts, maximum 
 benefits payable, notice requirements, nondiscrimination 
 rights, confidentiality, coordination of leave under this Act 
 and other laws, collective bargaining agreements, and employer 
 policies;

    (9) annually providing employers a notice to inform 
 employees of the availability of such benefits;

    (10) annually making available to the public a report that 
 includes the number of individuals who received such benefits, 
 the purposes for which such benefits were received, and an 
 analysis of utilization rates of such benefits by gender, race, 
 ethnicity, and income levels; and

    (11) tailoring culturally and linguistically competent 
 education and outreach toward increasing utilization rates of 
 benefits under such section.
            (c) Availability of Data.--Notwithstanding any other provision of 
law, the Commissioner shall make available to the Deputy Commissioner 
such data as the Commissioner determines necessary to enable the Deputy 
Commissioner to effectively carry out the responsibilities described in 
subsection

    (b) .
            (d) Datasharing.--The Commissioner and the heads of Federal 
agencies shall make good faith efforts to enter into datasharing 
agreements to enable the Deputy Commissioner to effectively carry out 
the responsibilities described in subsection

    (b) .

    (e) Report to Congress.--Not later than 12 months after the date of 
enactment of this Act, the Commissioner shall submit to Congress a 
report including information on the following:

    (1) Databases maintained by Federal agencies that contain 
 information necessary to carry out the purposes of this Act, 
 including information on any congressional action needed to 
 permit the Commissioner to access such databases for such 
 purposes.

    (2) The feasibility of expediting the review of 
 applications under paragraph

    (1) of 

section 4

    (f) and the 
 payment of monthly benefit payments under paragraph

    (2) of such 
 section, including the effects of establishing shorter time 
 frames for such reviews and payment in statute.

SEC. 4. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS.

    (a) In General.--

    (1) Requirements.--Every individual who--
        (A) has filed an application for a family and 
 medical leave insurance benefit in accordance with 
 subsection
            (d) ;
        (B) was engaged in qualified caregiving, or 
 anticipates being so engaged, during the period that 
 begins 90 days before the date on which such 
 application is filed and ends 30 days after such date;
            (C) has wages or self-employment income at any time 
 during the period--
            (i) beginning with the most recent calendar 
 quarter that ends at least 4 months prior to 
 the beginning of the individual's benefit 
 period specified in subsection
            (c) ; and
            (ii) ending with the month before the month 
 in which such benefit period begins; and
            (D) has at least the specified amount of wages and 
 self-employment income during the most recent 8-
 calendar quarter period that ends at least 4 months 
 prior to the beginning of the individual's benefit 
 period specified in subsection
            (c) ,
 shall be entitled to such a benefit for each month in such 
 benefit period.

    (2) Specified amount.--For purposes of paragraph

    (1)
            (D) , 
 the specified amount shall be--
        (A) if the benefit period begins in calendar year 
 2026, $2,000; and
        (B) if the benefit period begins in any calendar 
 year after 2026, an amount equal to the greater of--
            (i) the specified amount applicable for the 
 preceding calendar year; or
            (ii) an amount equal to the product of--
            (I) $2,000; multiplied by
            (II) an amount equal to the 
 quotient of--

    (aa) the national average 
 wage index for the second 
 calendar year preceding such 
 calendar year; divided by

    (bb) the national average 
 wage index for 2024.

    (b) Benefit Amount.--

    (1) In general.--Except as otherwise provided in this 
 subsection, the benefit amount to which an individual is 
 entitled under this section for a month shall be an amount 
 equal to the product of--
        (A) the greater of--
            (i) the lesser of--
            (I) an amount equal to the monthly 
 benefit rate determined under paragraph

    (2) ; and
            (II) the maximum benefit amount 
 determined under paragraph

    (3) ; and
            (ii) the minimum benefit amount determined 
 under paragraph

    (3) ; and
        (B) the quotient (not greater than 1) obtained by 
 dividing the number of caregiving hours of the 
 individual in such month by the product of--
            (i) the number of hours in a regular 
 workweek of the individuals; and
            (ii) the number of workweeks (including 
 partial workweeks) in such month.

    (2) Monthly benefit rate.--
        (A) In general.--For purposes of this subsection, 
 the monthly benefit rate of an individual shall be an 
 amount equal to the sum of--
            (i) 85 percent of the individual's average 
 monthly earnings to the extent that such 
 earnings do not exceed the amount established 
 for purposes of this clause by subparagraph
        (B) ;
            (ii) 69 percent of the individual's average 
 monthly earnings to the extent that such 
 earnings exceed the amount established for 
 purposes of clause
            (i) but do not exceed the 
 amount established for purposes of this clause 
 by subparagraph
        (B) ; and
            (iii) 50 percent of the individual's 
 average monthly earnings to the extent that 
 such earnings exceed the amount established for 
 purposes of clause
            (ii) but do not exceed the 
 amount established for purposes of this clause 
 by subparagraph
        (B) .
        (B) Amounts established.--
            (i) Initial amounts.--For individuals whose 
 benefit period begins in calendar year 2026, 
 the amount established for purposes of clauses
            (i) ,
            (ii) , and
            (iii) of subparagraph
        (A) shall 
 be $1,257, $3,500, and $6,200, respectively.
            (ii) Wage indexing.--For individuals whose 
 benefit period begins in any calendar year 
 after 2026, each of the amounts so established 
 shall equal the corresponding amount 
 established for the calendar year preceding 
 such calendar year, or, if larger, the product 
 of the corresponding amount established with 
 respect to the calendar year 2026 and the 
 quotient obtained by dividing--
            (I) the national average wage index 
 for the second calendar year preceding 
 such calendar year, by
            (II) the national average wage 
 index for calendar year 2024.
            (iii) Rounding.--Each amount established 
 under clause
            (ii) for any calendar year shall 
 be rounded to the nearest $1, except that any 
 amount so established which is a multiple of 
 $0.50 but not of $1 shall be rounded to the 
 next higher $1.
            (C) Average monthly earnings.--For purposes of this 
 subsection, the average monthly earnings of an 
 individual shall be an amount equal to \1/12\ of the 
 wages and self-employment income of the individual for 
 the calendar year in which such wages and self-
 employment income are the highest among the most recent 
 3 calendar years.

    (3) Maximum and minimum benefit amounts.--
        (A) In general.--For individuals who initially 
 become eligible for family and medical leave insurance 
 benefits in the first full calendar year after the date 
 of enactment of this Act, the maximum monthly benefit 
 amount and the minimum monthly benefit amount shall be 
 $4,000 and $580, respectively.
        (B) Wage indexing.--For individuals who initially 
 become eligible for family and medical leave insurance 
 benefits in any calendar year after such first full 
 calendar year the maximum benefit amount and the 
 minimum benefit amount shall be, respectively, the 
 product of the corresponding amount determined with 
 respect to the first calendar year under subparagraph
        (A) and the quotient obtained by dividing--
            (i) the national average wage index for the 
 second calendar year preceding the calendar 
 year for which the determination is made, by
            (ii) the national average wage index for 
 the second calendar year preceding the first 
 full calendar year after the date of enactment 
 of this Act.

    (4) Minimum caregiving hours.--In a case in which the 
 number of caregiving hours of an individual for a month is less 
 than 4, the individual shall be deemed to have zero caregiving 
 hours for such month.

    (5) Reduction in benefit amount on account of receipt of 
 certain benefits.--A benefit under this section for a month 
 shall be reduced by the amount, if any, in certain benefits (as 
 determined under regulations issued by the Commissioner) as may 
 be otherwise received by an individual. For purposes of the 
 preceding sentence, certain benefits include--
        (A) periodic benefits on account of such 
 individual's total or partial disability under a 
 workmen's compensation law or plan of the United States 
 or a State; and
        (B) periodic benefits on account of an individual's 
 employment status under an unemployment law or plan of 
 the United States or a State.
            (c) Benefit Period.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 benefit period specified in this subsection is the 12-month 
 period that begins on the 1st day of the 1st month in which the 
 individual--
        (A) meets the criteria specified in subparagraphs
        (A) and
        (B) of subsection

    (a)

    (1) ; and
        (B) would meet the criteria specified in 
 subparagraphs
            (C) and
            (D) of such subsection if such 
 subparagraphs were applied by substituting such 12-
 month period for each reference to the individual's 
 benefit period.

    (2) Retroactive benefits.--In the case of an application 
 for benefits under this section for qualified caregiving in 
 which the individual was engaged at any time during the 90-day 
 period preceding the date on which such application is 
 submitted, the benefit period specified in this subsection 
 shall begin on the later of--
        (A) the 1st day of the 1st month in which the 
 individual engaged in such qualified caregiving; or
        (B) the 1st day of the 1st month that begins during 
 such 90-day period,
 and shall end on the date that is 365 days after the 1st day of 
 the benefit period.
            (d) Application.--An application for a family and medical leave 
insurance benefit shall include--

    (1) a statement that the individual was engaged in 
 qualified caregiving, or anticipates being so engaged, during 
 the period that begins 90 days before the date on which the 
 application is submitted or within 30 days after such date;

    (2) if the qualified caregiving described in the statement 
 in paragraph

    (1) is engaged in by the individual because of a 
 serious health condition (as defined in subclause
            (II) of 
 

section 2

    (5)
        (B)
            (ii) ) of the individual or a qualified family 
 member (as defined in subclause
            (I) of such section) of the 
 individual, a certification, issued by the health care provider 
 treating such serious health condition, that affirms the 
 information specified in paragraph

    (1) and contains such 
 information as the Commissioner shall specify in regulations, 
 which shall be no more than the information that is required to 
 be stated under 

section 103

    (b) of the Family and Medical Leave 
 Act of 1993 (29 U.S.C. 2613

    (b) );

    (3) if such qualified caregiving is engaged in by the 
 individual for any other qualifying reason (as defined in 
 

section 2

    (5)
        (B)
            (i) ), a certification, issued by a relevant 
 authority determined under regulations issued by the 
 Commissioner, that affirms the circumstances giving rise to 
 such reason; and

    (4) an attestation from the applicant that his or her 
 employer has been provided with written notice of the 
 individual's intention to take family or medical leave, if the 
 individual has an employer, or to the Commissioner in all other 
 cases.

    (e) Ineligibility; Disqualification.--

    (1) Ineligibility for benefit.--An individual shall be 
 ineligible for a benefit under this section for any month for 
 which the individual is entitled to--
        (A) disability insurance benefits under 

section 223 
 of the Social Security Act (42 U.S.C. 423) or a similar 
 permanent disability program under any law or plan of a 
 State or political subdivision or instrumentality of a 
 State (as such terms are used in 

section 218 of the 
 Social Security Act (42 U.S.C. 418));
        (B) monthly insurance benefits under 

section 202 of 
 such Act (42 U.S.C. 402) based on such individual's 
 disability (as defined in 

section 223
            (d) of such Act 
 (42 U.S.C. 423
            (d) )); or
            (C) benefits under title XVI of such Act (42 U.S.C. 
 1381 et seq.) based on such individual's status as a 
 disabled individual (as determined under 

section 1614 
 of such Act (42 U.S.C. 1382c)).

    (2) Disqualification.--An individual who has been convicted 
 of a violation under 

section 208 of the Social Security Act (42 
 U.S.C. 408) or who has been found to have used false statements 
 to secure benefits under this section, shall be ineligible for 
 benefits under this section for a 1-year period following the 
 date of such conviction.

    (f) Review of Eligibility and Benefit Payment Determinations.--

    (1) Eligibility determinations.--
        (A) In general.--The Commissioner shall provide 
 notice to an individual applying for benefits under 
 this section of the initial determination of 
 eligibility for such benefits, and the estimated 
 benefit amount for a month in which four caregiving 
 hours of the individual occur, as soon as practicable 
 after the application is received.
        (B) Review.--An individual may request review of an 
 initial adverse determination with respect to such 
 application at any time before the end of the 20-day 
 period that begins on the date notice of such 
 determination is received, except that such 20-day 
 period may be extended for good cause. As soon as 
 practicable after the individual requests review of the 
 determination, the Commissioner shall provide notice to 
 the individual of a final determination of eligibility 
 for benefits under this section.

    (2) Benefit payment determinations.--
        (A) In general.--The Commissioner shall make any 
 monthly benefit payment to an individual claiming 
 benefits for a month under this section, or provide 
 notice of the reason such payment will not be made if 
 the Commissioner determines that the individual is not 
 entitled to payment for such month, not later than 20 
 days after the individual's monthly benefit claim 
 report for such month is received. Such monthly report 
 shall be filed with the Commissioner not later than 15 
 days after the end of each month.
        (B) Review.--If the Commissioner determines that 
 payment will not be made to an individual for a month, 
 or if the Commissioner determines that payment shall be 
 made based on a number of caregiving hours in the month 
 inconsistent with the number of caregiving hours in the 
 monthly benefit claim report of the individual for such 
 month, the individual may request review of such 
 determination at any time before the end of the 20-day 
 period that begins on the date notice of such 
 determination is received, except that such 20-day 
 period may be extended for good cause. Not later than 
 20 days after the individual requests review of the 
 determination, the Commissioner shall provide notice to 
 the individual of a final determination of payment for 
 such month, and shall make payment to the individual of 
 any additional amount not included in the initial 
 payment to the individual for such month to which the 
 Commissioner determines the individual is entitled.

    (3) Burden of proof.--An application for benefits under 
 this section and a monthly benefit claim report of an 
 individual shall each be presumed to be true and accurate, 
 unless the Commissioner demonstrates by a preponderance of the 
 evidence that information contained in the application is 
 false.

    (4) Definition of monthly benefit claim report.--For 
 purposes of this subsection, the term ``monthly benefit claim 
 report'' means, with respect to an individual for a month, the 
 individual's report to the Commissioner of the number of 
 caregiving hours of the individual in such month, which shall 
 be filed not later than 15 days after the end of each month.

    (5) Review.--All final determinations of the Commissioner 
 under this subsection shall be reviewable according to the 
 procedures set out in 

section 205 of the Social Security Act 
 (42 U.S.C. 405).

    (g) Relationship With State Law; Employer Benefits.--

    (1) In general.--This section does not preempt or supersede 
 any provision of State or local law that authorizes a State or 
 local municipality to provide paid family and medical leave 
 benefits similar to the benefits provided under this section.

    (2) Greater benefits allowed.--Nothing in this Act shall be 
 construed to diminish the obligation of an employer to comply 
 with any contract, collective bargaining agreement, or any 
 employment benefit program or plan that provides greater paid 
 leave or other leave rights to employees than the rights 
 established under this Act.

    (h) Employment and Benefits Protection and Enforcement.--

    (1) Employment and benefits protection.--
        (A) In general.--
            (i) Prohibited acts.--It shall be unlawful 
 for any person to interfere with, restrain, 
 deny, or retaliate against an individual 
 because of the exercise of, or the attempt to 
 exercise, any right provided under this 
 section, including through--
            (I) discharging or in any other 
 manner discriminating against 
 (including retaliating against) an 
 individual because the individual has 
 applied for, indicated an intent to 
 apply for, or received family and 
 medical leave insurance benefits; or
            (II) using the application for or 
 the receipt of such benefits as a 
 negative factor in an employment 
 action.
            (ii) Restoration to position.--It shall be 
 interference with the right of an individual 
 for purposes of clause
            (i) for an employer of 
 the individual to, upon the conclusion of any 
 leave for which the individual received a 
 family and medical leave insurance benefit 
 under this section, fail to--
            (I) restore the individual to the 
 position of employment held by the 
 individual when the leave commenced; or
            (II) restore the individual to an 
 equivalent position with equivalent 
 employment benefits, pay, and other 
 terms and conditions of employment.
            (iii) Maintenance of health benefits.--It 
 shall be interference with the right of an 
 individual for purposes of clause
            (i) for an 
 employer of the individual to fail to maintain, 
 for the duration of any leave for which the 
 individual received a family and medical leave 
 insurance benefit under this section, coverage 
 of the individual under any group health plan 
 (as defined in 

section 5000

    (b)

    (1) of the 
 Internal Revenue Code of 1986) at the level and 
 under the conditions coverage would have been 
 provided if the individual had continued in 
 employment continuously for the duration of 
 such leave.
        (B) Opposing unlawful practices.--It shall be 
 unlawful for any employer to discharge or in any other 
 manner discriminate against any individual for opposing 
 any practice made unlawful by this subsection.
            (C) Interference with proceedings or inquiries.--It 
 shall be unlawful for any person to discharge or in any 
 other manner discriminate against any individual 
 because such individual--
            (i) has filed any charge, or has instituted 
 or caused to be instituted any proceeding, 
 under or related to this subsection;
            (ii) has given, or is about to give, any 
 information in connection with any inquiry or 
 proceeding relating to any right provided under 
 this section; or
            (iii) has testified, or is about to 
 testify, in any inquiry or proceeding relating 
 to any right provided under this section.
            (D) Rebuttable presumption of retaliation.--Any 
 adverse action (including any action described in 
 subparagraph
            (C) or
            (D) ) taken against an employee 
 within 12 months of the employee taking any leave for 
 which the individual received a family and medical 
 leave insurance benefit under this section shall 
 establish a rebuttable presumption that the action of 
 the employer is retaliating against such employee in 
 violation of subparagraph
        (A)
            (i) .
        (E) Non-application for new hires.--Clauses
            (ii) and
            (iii) of subparagraph
        (A) shall not apply to any 
 individual during the 90-day period beginning with the 
 day the individual begins work for an employer.

    (2) Civil action by an individual.--
        (A) Liability.--Any person who violates paragraph

    (1) shall be liable to any individual employed by such 
 person who is affected by the violation--
            (i) for damages equal to the sum of--
            (I) the amount of--

    (aa) any wages, salary, 
 employment benefits, or other 
 compensation denied or lost to 
 such individual by reason of 
 the violation; or

    (bb) in a case in which 
 wages, salary, employment 
 benefits, or other compensation 
 have not been denied or lost to 
 the individual, any actual 
 monetary losses sustained by 
 the individual as a direct 
 result of the violation, such 
 as the cost of providing care, 
 up to a sum equal to 60 
 calendar days of wages or 
 salary for the individual;
            (II) the interest on the amount 
 described in subclause
            (I) calculated 
 at the prevailing rate; and
            (III) an additional amount as 
 liquidated damages equal to the sum of 
 the amount described in subclause
            (I) and the interest described in subclause
            (II) , except that if a person who has 
 violated paragraph

    (1) proves to the 
 satisfaction of the court that the act 
 or omission which violated paragraph

    (1) was in good faith and that the 
 person had reasonable grounds for 
 believing that the act or omission was 
 not a violation of paragraph

    (1) , such 
 court may, in the discretion of the 
 court, reduce the amount of the 
 liability to the amount and interest 
 determined under subclauses
            (I) and
            (II) , respectively; and
            (ii) for such equitable relief as may be 
 appropriate, including employment, 
 reinstatement, and promotion.
        (B) Right of action.--An action to recover the 
 damages or equitable relief prescribed in subparagraph
        (A) may be maintained against any person in any Federal 
 or State court of competent jurisdiction by any 
 individual for and on behalf of--
            (i) the individual; or
            (ii) the individual and other individuals 
 similarly situated.
            (C) Fees and costs.--The court in such an action 
 shall, in addition to any judgment awarded to the 
 plaintiff, allow a reasonable attorney's fee, 
 reasonable expert witness fees, and other costs of the 
 action to be paid by the defendant.
            (D) Limitations.--The right provided by 
 subparagraph
        (B) to bring an action by or on behalf of 
 any individual shall terminate--
            (i) on the filing of a complaint by the 
 Commissioner in an action under paragraph

    (5) in which restraint is sought of any further 
 delay in the payment of the amount described in 
 subparagraph
        (A)
            (I) to such individual by the 
 person responsible under subparagraph
        (A) for 
 the payment; or
            (ii) on the filing of a complaint by the 
 Commissioner in an action under paragraph

    (3) in which a recovery is sought of the damages 
 described in subparagraph
        (A)
            (I) owing to an 
 individual by a person liable under 
 subparagraph
        (A) ,
 unless the action described in clause
            (i) or
            (ii) is 
 dismissed without prejudice on motion of the 
 Commissioner.

    (3) Action by the commissioner.--
        (A) Civil action.--The Commissioner may bring an 
 action in any court of competent jurisdiction to 
 recover the damages described in paragraph

    (2)
        (A)
            (I) .
        (B) Sums recovered.--Any sums recovered by the 
 Commissioner pursuant to subparagraph
        (A) shall be held 
 in a special deposit account and shall be paid, on 
 order of the Commissioner, directly to each individual 
 affected. Any such sums not paid to an individual 
 because of inability to do so within a period of 3 
 years shall be deposited into the Federal Family and 
 Medical Leave Insurance Trust Fund.

    (4) Limitation.--
        (A) In general.--An action may be brought under 
 this subsection not later than 3 years after the date 
 of the last event constituting the alleged violation 
 for which the action is brought.
        (B) Commencement.--An action brought by the 
 Commissioner under this subsection shall be considered 
 to be commenced on the date when the complaint is 
 filed.

    (5) Action for injunction by commissioner.--The district 
 courts of the United States shall have jurisdiction, for cause 
 shown, in an action brought by the Commissioner--
        (A) to restrain violations of paragraph

    (1) , 
 including the restraint of any withholding of payment 
 of wages, salary, employment benefits, or other 
 compensation, plus interest, found by the court to be 
 due to an individual; or
        (B) to award such other equitable relief as may be 
 appropriate, including employment, reinstatement, and 
 promotion.
            (i) Applicability of Certain Social Security Act Provisions.--The 
provisions of sections 204, 205, 206, and 208 of the Social Security 
Act shall apply to benefit payments authorized by and paid out pursuant 
to this section in the same way that such provisions apply to benefit 
payments authorized by and paid out pursuant to title II of such Act.

    (j) Effective Date for Applications.--Applications described in 
this section may be filed beginning 18 months after the date of 
enactment of this Act.

SEC. 5. FUNDING FOR STATE ADMINISTRATION OPTION FOR LEGACY STATES.

    (a) In General.--

    (1) Payments to legacy states.--In each calendar year 
 beginning with calendar year 2027, the Commissioner shall make 
 a grant to each State that, for the calendar year preceding 
 such calendar year, was a legacy State and that met the data 
 sharing requirements of subsection

    (e) , in an amount equal to 
 the lesser of--
        (A) an amount, as estimated by the Commissioner, 
 equal to the total amount of comprehensive paid leave 
 benefits that would have been paid under 

section 4 
 (including the costs to the Commissioner to administer 
 such benefits, not to exceed (for purposes of 
 estimating such total amount under this subparagraph) 7 
 percent of the total amount of such benefits paid) to 
 individuals who received paid family and medical leave 
 benefits under a State law described in paragraph

    (1) or

    (3) of subsection

    (b) during the calendar year 
 preceding such calendar year if the State had not been 
 a legacy State for such preceding calendar year; or
        (B) an amount equal to the total cost of paid 
 family and medical leave benefits under a State law 
 described in paragraph

    (1) or

    (3) of subsection

    (b) for 
 the calendar year preceding such calendar year, 
 including--
            (i) any paid family and medical leave 
 benefits provided by an employer (whether 
 directly, under a contract with an insurer, or 
 provided through a multiemployer plan) as 
 described in subsection
            (d) ; and
            (ii) the full cost to the State of 
 administering such law (except that such cost 
 may not exceed 7 percent of the total amount of 
 paid family and medical leave benefits paid 
 under such State law).

    (2) Estimated payments.--In any case in which, during any 
 calendar year, the Commissioner has reason to believe that a 
 State will be a legacy State and meet the data sharing 
 requirements of subsection

    (e) for such calendar year, the 
 Commissioner may make estimated payments during such calendar 
 year of the grant which would be paid to such State in the 
 succeeding calendar year, to be adjusted as appropriate in the 
 succeeding calendar year.

    (b) Legacy State.--For purposes of this section, the term ``legacy 
State'' for a calendar year means a State with respect to which the 
Commissioner determines that--

    (1) the State has enacted, not later than the date of 
 enactment of this Act, a State law that provides paid family 
 and medical leave benefits;

    (2) for any calendar year that begins before the date that 
 is 3 years after the date of enactment of this Act, the State 
 certifies to the Commissioner that the State intends to remain 
 a legacy State and meet the data sharing requirements of 
 subsection

    (e) at least through the first calendar year that 
 begins on or after such date; and

    (3) for any calendar year that begins on or after such 
 date, a State law of the State provides for a State program to 
 remain in effect throughout such calendar year that provides 
 comprehensive paid family and medical leave benefits (which may 
 be paid directly by the State or, if permitted under such State 
 law, by an employer pursuant to such State law)--
        (A) for at least 12 full workweeks of leave during 
 each 12-month period to at least all of those 
 individuals in the State who would be eligible for 
 comprehensive paid leave benefits under 

section 4 
 (without regard to 

section 2

    (5)
            (C) ), except that the 
 State shall provide such benefits for leave from 
 employment by the State or any political subdivision 
 thereof, and may elect to provide such benefits for 
 leave from any other governmental employment; and
        (B) at a wage replacement rate that is at least 
 equivalent to the wage replacement rate under the 
 comprehensive paid leave benefit program under 

section 4 (without regard to 

section 2

    (5)
            (C) ).
            (c) Covered Employment Under the Law of a Legacy State.--For 
purposes of this Act, the term ``covered employment under the law of a 
legacy State'' means employment (or self-employment) with respect to 
which an individual would be eligible to receive paid family and 
medical benefits under the State law of a State, as described in 
paragraph

    (1) or

    (3) of subsection

    (b) , during any period during which 
such State is a legacy State.
            (d) Employer-Provided Benefits in a Legacy State.--

    (1) Treatment for purposes of this title.--In the case of a 
 State that permits paid family and medical leave benefits to be 
 provided by an employer (whether directly, under a contract 
 with an insurer, or provided through a multiemployer plan) 
 pursuant to a State law described in paragraph

    (1) or

    (3) of 
 subsection

    (b) --
        (A) such benefits shall be considered, for all 
 purposes under this Act, paid family and medical leave 
 benefits under the law of a legacy State; and
        (B) leave for which such benefits are paid shall be 
 considered, for all such purposes, leave from covered 
 employment under the law of a legacy State.

    (2) Distribution of grant funds.--In any case in which paid 
 family and medical leave benefits are provided by 1 or more 
 employers (whether directly, under a contract with an insurer, 
 or provided through a multiemployer plan) in a legacy State 
 pursuant to a State law described in paragraph

    (1) or

    (3) of 
 subsection

    (b) , the State, upon the receipt of any grant amount 
 under subsection

    (a) , may distribute an appropriate share of 
 such grant to each such employer.

    (e) Data Sharing.--As a condition of receiving a grant under 
subsection

    (a) in a calendar year, a State shall enter into an 
agreement with the Commissioner under which the State shall provide the 
Commissioner--

    (1) with information, to be provided periodically as 
 determined by the Commissioner, concerning individuals who 
 received a paid leave benefit under a State law described in 
 paragraph

    (1) or

    (3) of subsection

    (b) , including--
        (A) each individual's name;
        (B) information to establish the individual's 
 identity;
            (C) dates for which such paid leave benefits were 
 paid;
            (D) the amount of such paid leave benefit; and
        (E) to the extent available, such other information 
 concerning such individuals as necessary for the 
 purpose of carrying out this section and 

section 2

    (5)
            (C) ;

    (2) not later than July 1 of such calendar year, the amount 
 needed to adjust payments as described in subsection

    (a)

    (2) for 
 the calendar year preceding such calendar year; and

    (3) such other information as needed to determine 
 compliance with grant requirements.

SEC. 6. REGULATIONS.

 The Commissioner, in consultation with the Secretary of Labor, 
shall prescribe regulations necessary to carry out this Act. In 
developing such regulations, the Commissioner shall consider the input 
from a volunteer advisory body comprised of not more than 15 
individuals, including experts in the relevant subject matter and 
officials charged with implementing State paid family and medical leave 
insurance programs. The Commissioner shall take such programs into 
account when proposing regulations. Such individuals shall be appointed 
as follows:

    (1) Five individuals to be appointed by the President.

    (2) Three individuals to be appointed by the majority 
 leader of the Senate.

    (3) Two individuals to be appointed by the minority leader 
 of the Senate.

    (4) Three individuals to be appointed by the Speaker of the 
 House of Representatives.

    (5) Two individuals to be appointed by the minority leader 
 of the House of Representatives.

SEC. 7. GAO STUDY.

    (a) Study.--As soon as practicable after calendar year 2026, and 
every 5 years thereafter, the Comptroller General shall submit to 
Congress a report on family and medical leave insurance benefits paid 
under 

section 4 for any month during the covered period. The report 
shall include the following:

    (1) An identification of the total number of applications 
 for such benefits filed for any month during the covered 
 period, and the average number of days occurring in the period 
 beginning on the date on which such an application is received 
 and ending on the date on which the initial determination of 
 eligibility with respect to the application is made.

    (2) An identification of the total number of requests for 
 review of an initial adverse determination of eligibility for 
 such benefits made during the covered period, and the average 
 number of days occurring in the period beginning on the date on 
 which such review is requested and ending on the date on which 
 the final determination of eligibility with respect to such 
 review is made.

    (3) An identification of the total number of monthly 
 benefit claim reports for such benefits filed during the 
 covered period, and the average number of days occurring in the 
 period beginning on the date on which such a claim report is 
 received and ending on the date on which the initial 
 determination of eligibility with respect to the claim report 
 is made.

    (4) An identification of the total number of requests for 
 review of an initial adverse determination relating to a 
 monthly benefit claim report for such benefits made during the 
 covered period, and the average number of days occurring in the 
 period beginning on the date on which such review is requested 
 and ending on the date on which the final determination of 
 eligibility with respect to such review is made.

    (5) An identification of any excessive delay in any of the 
 periods described in paragraphs

    (1) through

    (4) , including--
        (A) a description of the causes for such delay;
        (B) information any correlation in such delay to 
 claimant demographics, industry sector, or qualifying 
 reason.

    (6) An identification of any additional data that needs to 
 be collected as part of the application process for benefits to 
 produce the report required under this section.

    (b) Covered Period.--In this section, the term ``covered period'' 
means--

    (1) with respect to the report due as soon as practicable 
 after calendar year 2026, such calendar year; and

    (2) with respect to the report due every 5 years 
 thereafter, the 5-calendar year period ending on December 31 of 
 the year prior to the year in which such report is due.
 <all>