Reps. McBride, Fitzpatrick, and Stevens Introduce FAIR Leave Act to Deliver Commonsense Fix for Working Families

WASHINGTON, D.C. — Today, Congresswoman Sarah McBride (D-DE), alongside Reps. Brian Fitzpatrick (R-PA) 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).

Currently, FMLA regulations often require married couples employed by the same organization to share a single 12-week leave period, limiting families’ ability to care for loved ones or welcome a new child. The FAIR Leave Act—short for Fully Adhering to Individual Rights in Leave—removes this outdated restriction, guaranteeing that each spouse receives their own 12 weeks of unpaid, job-protected leave.

“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 Family and Medical Leave Act (FMLA) provides eligible workers with unpaid, job-protected leave to care for a newborn or newly adopted child, tend to a seriously ill spouse, child, or parent, address their own serious health condition, or manage certain obligations related to a family member’s military service. Under current federal regulation, if both spouses work for the same employer, their total combined leave is capped at 12 weeks for key caregiving reasons, such as bonding with a new child or caring for a parent.

The FAIR Leave Act restores individual leave rights for each spouse, providing critical flexibility during life’s most pressing moments — whether it’s navigating illness, caring for a parent, or bonding with a new child.

“Our family leave policies are outdated and fail to reflect the real needs of today’s working families,” said Congressman Brian Fitzpatrick (PA-1).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 Our bipartisan FAIR Leave Act removes outdated restrictions and guarantees that all workers—regardless of marital status—can access the full leave benefits they’ve earned.”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 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, and the Delaware Black Chamber of Commerce.

Rep. McBride proudly serves as the Chair of the New Democrat Coalition’s Care Economy Task Force. In her first term as a state senator, Rep. McBride championed and passed the Healthy Delaware Families Act, establishing a statewide paid family and medical leave insurance program. This landmark legislation allows Delaware workers to take time off to care for a loved one without fear of losing a paycheck.

Delaware's commitment to supporting caregivers is evident, with more than 129,000 unpaid family caregivers providing critical assistance to help their older parents, spouses, and other loved ones live independently in their homes. These caregivers contribute over 108 million hours of unpaid care each year, valued at approximately $1.58 billion annually.

The full bill text is available here. 

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Delaware’s Congresswoman Sarah McBride serves on the House Foreign Affairs Committee and its Subcommittees on Europe and on Oversight & Intelligence, she also serves on the House Space, Science and Technology Committee and its subcommittee on Research and Technology. She serves as a Deputy Whip for Policy in the Democratic Caucus.