Rep. McBride, Rep. Luna Introduce Bipartisan Flexible Leave Act to Modernize Family and Medical Leave
Washington, DC — Today, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced the Flexible Leave Act, bipartisan legislation to update the Family and Medical Leave Act (FMLA) so it reflects how working families actually manage caregiving and welcoming a new child.
Under current law, FMLA places unnecessary restrictions on how new parents can use their leave. While workers are entitled to job-protected leave after the birth of a child, parents may only take that leave intermittently if their employer agrees — meaning families can’t take leave in shorter blocks of time. As a result, many families are forced into an all-or-nothing choice that doesn’t match how they actually care for a newborn.
For most families, bonding with a new child doesn’t happen in a single uninterrupted stretch. Parents may want to spend the first few weeks home together, then stagger their remaining leave — with one parent returning to work while the other stays home, and later switching — so their child can remain cared for longer without either parent losing their job. Current law often prevents families from making those choices.
The Flexible Leave Act removes those barriers by allowing workers to take FMLA leave intermittently or on a reduced schedule for any qualifying reason, including bonding with a new child, without needing approval from a doctor or employer. The bill simply allows workers to use the leave they already earn in ways that make sense for their families.
“Families don’t experience caregiving or health needs in neat, one-size-fits-all blocks of time — and our laws shouldn’t pretend they do,” said Rep. McBride. “This bill is about dignity and trust. It says that workers know what their families need, and they shouldn’t have to jump through unnecessary hoops just to take care of a newborn or the people they love. I’m grateful to my colleague Rep. Luna for her partnership on this common sense legislation.”
“Workers should not have to choose between keeping their jobs and caring for their families,” said Rep. Luna. “The Flexible Leave Act makes a commonsense update to the Family and Medical Leave Act by allowing workers to use the leave they are already entitled to in a way that reflects real life, not rigid bureaucracy. I have consistently fought to modernize workplace policies to meet families where they are, including my previous efforts to force action on proxy voting so new parents in Congress were not penalized for starting a family. This bill follows that same principle: flexibility, accountability, and trust in working families to make the right decisions for themselves.”
“The FMLA is a true success story – working people have used FMLA leave an estimated 566 million times over the 33 years since it was enacted. But there is more work to do to ensure that workers have the control and flexibility they need to determine how and when they take leave,” said Jocelyn Frye, president of the National Partnership for Women & Families. “We are thrilled that Representatives Sarah McBride and Anna Paulina Luna are introducing this important bill to make FMLA more accessible by allowing more workers to take leave intermittently – or in shorter blocks of time. Whether it’s to help share care responsibilities for a child recovering from surgery or to attend doctor’s appointments while battling a chronic illness, workers need more say on how they can take their leave in a way that better supports their needs.”
Nearly one-third of workers who use FMLA already take leave intermittently — most often to manage chronic health conditions or ongoing caregiving responsibilities. Research shows that the vast majority of employers report no negative impact on productivity, morale, or profitability from intermittent leave, while workers benefit from staying attached to the workforce and avoiding unnecessary job loss.
Because FMLA leave is unpaid, flexibility is especially critical for low- and middle-income families who cannot afford to take weeks off all at once. Greater scheduling flexibility allows parents and caregivers to share responsibilities, maintain income, and remain engaged in their careers.
The Flexible Leave Act preserves existing employer protections while ensuring FMLA works as Congress intended — as a practical tool that supports family stability, economic security, and a stronger workforce.
Rep. McBride has a long record of working to expand access to family and medical leave. In 2022, she passed the Healthy Delaware Families Act with bipartisan support in the Delaware General Assembly, providing paid family and medical leave to workers across the state. In Congress, she has continued to lead on strengthening FMLA and expanding paid leave nationwide, In Congress, she has continued to lead on strengthening FMLA and expanding paid leave nationwide, where she has introduced bipartisan legislation to modernize FMLA so it works fairly for all workers and cosponsored the FAMILY Act, which would finally guarantee paid family and medical leave for every American.
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