I 
119TH CONGRESS 
1ST SESSION H. R. 5390 
To provide paid family and medical leave benefits to certain individuals, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2025 
Ms. DELAURO (for herself, Mr. FIGURES, Ms. SEWELL, Ms. ANSARI, Mr. 
HUFFMAN, Mr. THOMPSON of California, Mr. BERA, Ms. MATSUI, Mr. 
GARAMENDI, 
Mr. 
DESAULNIER, 
Ms. 
PELOSI, 
Ms. 
SIMON, 
Mr. 
SWALWELL, Mr. MULLIN, Mr. KHANNA, Ms. LOFGREN, Mr. PANETTA, 
Mr. 
COSTA, 
Mr. 
CARBAJAL, Mr. RUIZ, Ms. BROWNLEY, Mr. 
WHITESIDES, Ms. CHU, Ms. RIVAS, Ms. FRIEDMAN, Mr. CISNEROS, Mr. 
SHERMAN, Mr. AGUILAR, Mr. GOMEZ, Mrs. TORRES of California, Mr. 
LIEU, Ms. KAMLAGER-DOVE, Ms. SA´NCHEZ, Mr. TAKANO, Mr. GARCIA 
of California, Ms. WATERS, Ms. BARRAGA´N, Mr. TRAN, Mr. MIN, Mr. 
LEVIN, Ms. JACOBS, Mr. VARGAS, Ms. DEGETTE, Mr. NEGUSE, Mr. 
CROW, Ms. PETTERSEN, Mr. LARSON of Connecticut, Mr. COURTNEY, 
Mr. HIMES, Mrs. HAYES, Ms. NORTON, Ms. MCBRIDE, Mr. SOTO, Mr. 
FROST, Ms. CASTOR of Florida, Mrs. CHERFILUS-MCCORMICK, Ms. LOIS 
FRANKEL of Florida, Mr. MOSKOWITZ, Ms. WILSON of Florida, Ms. 
WASSERMAN SCHULTZ, Mr. BISHOP, Mr. JOHNSON of Georgia, Ms. WIL-
LIAMS of Georgia, Mrs. MCBATH, Mr. DAVID SCOTT of Georgia, Mr. 
CASE, Ms. TOKUDA, Mr. JACKSON of Illinois, Ms. KELLY of Illinois, Mrs. 
RAMIREZ, Mr. GARCI´A of Illinois, Mr. QUIGLEY, Mr. CASTEN, Mr. DAVIS 
of Illinois, Mr. KRISHNAMOORTHI, Ms. SCHAKOWSKY, Mr. SCHNEIDER, 
Mr. FOSTER, Ms. BUDZINSKI, Ms. UNDERWOOD, Mr. SORENSEN, Mr. 
MRVAN, Mr. CARSON, Mr. MCGARVEY, Mr. CARTER of Louisiana, Mr. 
FIELDS, Mr. MCGOVERN, Mrs. TRAHAN, Mr. MOULTON, Ms. PRESSLEY, 
Mr. LYNCH, Mr. KEATING, Mr. OLSZEWSKI, Ms. ELFRETH, Mr. IVEY, 
Mr. HOYER, Mrs. MCCLAIN DELANEY, Mr. MFUME, Mr. RASKIN, Ms. 
PINGREE, Ms. SCHOLTEN, Mrs. DINGELL, Ms. MCDONALD RIVET, Ms. 
STEVENS, Ms. TLAIB, Mr. THANEDAR, Ms. CRAIG, Ms. MORRISON, Ms. 
MCCOLLUM, Ms. OMAR, Mr. BELL, Mr. CLEAVER, Mr. THOMPSON of 
Mississippi, Ms. ROSS, Mrs. FOUSHEE, Ms. ADAMS, Ms. GOODLANDER, 
Mr. NORCROSS, Mr. CONAWAY, Mr. GOTTHEIMER, Mr. PALLONE, Mr. 
MENENDEZ, Mrs. MCIVER, Ms. SHERRILL, Mrs. WATSON COLEMAN, Ms. 
STANSBURY, Ms. LEGER FERNANDEZ, Ms. TITUS, Mr. HORSFORD, Ms. 
MENG, Ms. VELA´ZQUEZ, Ms. CLARKE of New York, Mr. GOLDMAN of 
New York, Mr. NADLER, Mr. ESPAILLAT, Ms. OCASIO-CORTEZ, Mr. 
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TORRES of New York, Mr. LATIMER, Mr. RILEY of New York, Mr. 
TONKO, Mr. MANNION, Mr. MORELLE, Mr. KENNEDY of New York, Mr. 
LANDSMAN, Mrs. BEATTY, Ms. KAPTUR, Ms. BROWN, Mrs. SYKES, Ms. 
BONAMICI, Ms. DEXTER, Ms. HOYLE of Oregon, Ms. BYNUM, Ms. SALI-
NAS, Mr. BOYLE of Pennsylvania, Mr. EVANS of Pennsylvania, Ms. DEAN 
of Pennsylvania, Ms. SCANLON, Ms. HOULAHAN, Ms. LEE of Pennsyl-
vania, Mr. DELUZIO, Mr. HERNA´NDEZ, Mr. AMO, Mr. MAGAZINER, Mr. 
CLYBURN, Mr. COHEN, Mrs. FLETCHER, Mr. GREEN of Texas, Ms. 
ESCOBAR, Mr. CASTRO of Texas, Ms. GARCIA of Texas, Ms. CROCKETT, 
Ms. JOHNSON of Texas, Mr. VEASEY, Mr. VICENTE GONZALEZ of Texas, 
Mr. CASAR, Mr. DOGGETT, Ms. MCCLELLAN, Mr. BEYER, Mr. 
SUBRAMANYAM, Mr. WALKINSHAW, Ms. PLASKETT, Ms. BALINT, Ms. 
DELBENE, Mr. LARSEN of Washington, Ms. RANDALL, Ms. JAYAPAL, 
Mr. SMITH of Washington, Ms. STRICKLAND, Mr. POCAN, Ms. MOORE 
of Wisconsin, and Mr. LICCARDO) introduced the following bill; which was 
referred to the Committee on Ways and Means 
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 Representa-
tives 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 en-
gaged in qualified caregiving. 
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(B) LIMITATIONS.—An individual may not 
exceed with respect to any benefit period, a 
number of caregiving hours equal to 12 times 
the number of hours in a regular workweek of 
the individual (as determined under subpara-
graph (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 em-
ployers or as a self-employed individual (or reg-
ularly 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 be-
gins (or prior to such month, if applicable in 
the case of an individual who is no longer work-
ing or whose total weekly hours of work have 
been reduced). 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(3) DEPUTY COMMISSIONER.—The term ‘‘Dep-
uty Commissioner’’ means the Deputy Commissioner 
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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 mean-
ing given such term in section 209(k)(1) of the So-
cial 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 rea-
sons for taking leave: 
(I) Any reason for which an eligi-
ble employee would be entitled to 
leave under subparagraph (A), (B), or 
(E) of paragraph (1) of section 102(a) 
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of the Family and Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)). 
(II) In order to care for a quali-
fied 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 re-
quired under the terms of their reg-
ular employment. 
(IV) Because the individual, or a 
qualified family member, is a victim of 
a qualifying act of violence, if the 
leave is for the individual to do any of 
the following or to assist the individ-
ual’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 tem-
porary or permanent relocation 
or take steps to secure an exist-
ing home. 
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(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, includ-
ing preparation for or participa-
tion in any related administra-
tive, civil, or criminal legal pro-
ceedings or other related activi-
ties. 
(ee) Seek medical attention 
for physical or psychological in-
jury or disability caused or ag-
gravated by the qualifying act of 
violence. 
(ff) Enroll in a new school 
or care arrangement. 
(gg) Take other steps nec-
essary to protect or restore their 
physical, mental, emotional, spir-
itual, and economic well-being or 
the well-being of a qualified fam-
ily member recovering from a 
qualifying act of violence. 
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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 quali-
fying reason corresponding to the 
share of the individual’s workweek 
that was in covered employment under 
the law of a legacy State (as so de-
fined). 
(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 do-
mestic partner, a legal ward, or a child of 
a person standing in loco parentis. 
(ii) DOMESTIC PARTNER.— 
(I) IN GENERAL.—The term ‘‘do-
mestic partner’’, with respect to an in-
dividual, means another individual 
with whom the individual is in a com-
mitted relationship. 
(II) COMMITTED
RELATIONSHIP 
DEFINED.—The term ‘‘committed re-
lationship’’ means a relationship be-
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tween 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 re-
sponsibility for a significant measure 
of each other’s common welfare. The 
term includes any such relationship 
between 2 individuals, including indi-
viduals of the same sex, that is grant-
ed legal recognition by a State or po-
litical subdivision of a State as a mar-
riage or analogous relationship, in-
cluding a civil union or domestic part-
nership. 
(iii) DATING
VIOLENCE.—The term 
‘‘dating violence’’ has the meaning given 
the term in section 40002(a) of the Vio-
lence 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 Vio-
lence Against Women Act of 1994 (34 
U.S.C. 12291(a)), except that the ref-
erence in such section to the term ‘‘juris-
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diction 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 par-
ent of an employee, a stepparent of an em-
ployee, parent-in-law, parent of a domestic 
partner, or a legal guardian or other per-
son who stood in loco parentis to an em-
ployee when the employee was a child. 
(vi) QUALIFYING ACT OF VIOLENCE.— 
The term ‘‘qualifying act of violence’’ 
means an act, conduct, or pattern of con-
duct that could constitute any of the fol-
lowing: 
(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; or 
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(VIII) an act, conduct, or pattern 
of conduct— 
(aa) in which an individual 
causes or threatens to cause bod-
ily injury or death to another in-
dividual; 
(bb) in which an individual 
exhibits, draws, brandishes, or 
uses a firearm, or other dan-
gerous weapon, with respect to 
another individual; or 
(cc) in which an individual 
uses, or makes a reasonably per-
ceived 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 Vio-
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lence Against Women Act of 1994 (34 
U.S.C. 12291(a)). 
(ix) SPOUSE.—The term ‘‘spouse’’, 
with respect to an employee, has the mean-
ing 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
ORGANIZA-
TION.—The term ‘‘victim services organi-
zation’’ means a nonprofit, nongovern-
mental organization that provides assist-
ance to victims of a qualifying act of vio-
lence or advocates for such victims, includ-
ing a rape crisis center, an organization 
carrying out a qualifying act of violence 
prevention or treatment program, an orga-
nization operating a shelter or providing 
counseling services, or a legal services or-
ganization or other organization providing 
assistance through the legal process. 
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(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 Colum-
bia or any territory or possession of the United 
States. 
(9) WAGES.—The term ‘‘wages’’ has the mean-
ing given such term in section 3121(a) of the Inter-
nal 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 Rail-
road Retirement Tax Act; and 
(B) unemployment compensation, as de-
fined in section 85(b) of such Code. 
SEC. 3. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. 
(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished 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 Commis-
sioner who shall be appointed by the Commissioner. 
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(b) 
RESPONSIBILITIES
OF
DEPUTY
COMMIS-
SIONER.—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 nec-
essary to carry out the purposes of this Act; 
(3) entering into cooperative agreements with 
other agencies and departments to ensure the effi-
ciency of the administration of the program; 
(4) determining eligibility for family and med-
ical leave insurance benefits under section 4; 
(5) determining benefit amounts for each 
month of such eligibility and making timely pay-
ments of such benefits to entitled individuals in ac-
cordance with such section; 
(6) establishing and maintaining a system of 
records relating to the administration of such sec-
tion; 
(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 require-
ments, nondiscrimination rights, confidentiality, co-
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ordination of leave under this Act and other laws, 
collective bargaining agreements, and employer poli-
cies; 
(9) annually providing employers a notice to in-
form 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 com-
petent education and outreach toward increasing uti-
lization rates of benefits under such section. 
(c) AVAILABILITY OF DATA.—Notwithstanding any 
other provision of law, the Commissioner shall make avail-
able to the Deputy Commissioner such data as the Com-
missioner 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). 
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(e) REPORT
TO CONGRESS.—Not later than 12 
months after the date of enactment of this Act, the Com-
missioner shall submit to Congress a report including in-
formation 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 Commis-
sioner 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 accord-
ance 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 
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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 cal-
endar 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 sub-
section (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 
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(B) if the benefit period begins in any cal-
endar 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 cal-
endar year preceding such cal-
endar year; divided by 
(bb) the national average 
wage index for 2024. 
(b) BENEFIT AMOUNT.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided 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— 
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(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 de-
termined under paragraph (3); and 
(B) the quotient (not greater than 1) ob-
tained 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 (includ-
ing partial workweeks) in such month. 
(2) MONTHLY BENEFIT RATE.— 
(A) IN GENERAL.—For purposes of this 
subsection, the monthly benefit rate of an indi-
vidual shall be an amount equal to the sum 
of— 
(i) 85 percent of the individual’s aver-
age monthly earnings to the extent that 
such earnings do not exceed the amount 
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established for purposes of this clause by 
subparagraph (B); 
(ii) 69 percent of the individual’s av-
erage monthly earnings to the extent that 
such earnings exceed the amount estab-
lished 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 av-
erage monthly earnings to the extent that 
such earnings exceed the amount estab-
lished 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 individ-
uals whose benefit period begins in cal-
endar 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 individ-
uals whose benefit period begins in any 
calendar year after 2026, each of the 
amounts so established shall equal the cor-
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responding amount established for the cal-
endar year preceding such calendar year, 
or, if larger, the product of the cor-
responding amount established with re-
spect 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 estab-
lished 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 month-
ly 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 in-
come are the highest among the most recent 3 
calendar years. 
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first full calendar year after the date of en-
actment of this Act. 
(4) MINIMUM CAREGIVING HOURS.—In a case 
in which the number of caregiving hours of an indi-
vidual 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 AC-
COUNT OF RECEIPT OF CERTAIN BENEFITS.—A ben-
efit under this section for a month shall be reduced 
by the amount, if any, in certain benefits (as deter-
mined under regulations issued by the Commis-
sioner) as may be otherwise received by an indi-
vidual. For purposes of the preceding sentence, cer-
tain benefits include— 
(A) periodic benefits on account of such in-
dividual’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 indi-
vidual’s employment status under an unemploy-
ment law or plan of the United States or a 
State. 
(c) BENEFIT PERIOD.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), the benefit period specified in this sub-
section 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 subpara-
graphs (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 sub-
stituting such 12-month period for each ref-
erence 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 en-
gaged at any time during the 90-day period pre-
ceding the date on which such application is sub-
mitted, 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 be-
gins during such 90-day period, 
and shall end on the date that is 365 days after the 
1st day of the benefit period. 
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(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 en-
gaged, 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 in-
dividual because of a serious health condition (as de-
fined 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 con-
tains 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 de-
fined in section 2(5)(B)(i)), a certification, issued by 
a relevant authority determined under regulations 
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issued by the Commissioner, that affirms the cir-
cumstances 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 med-
ical leave, if the individual has an employer, or to 
the Commissioner in all other cases. 
(e) INELIGIBILITY; DISQUALIFICATION.— 
(1) INELIGIBILITY
FOR
BENEFIT.—An indi-
vidual shall be ineligible for a benefit under this sec-
tion for any month for which the individual is enti-
tled to— 
(A) disability insurance benefits under sec-
tion 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 sec-
tion 202 of such Act (42 U.S.C. 402) based on 
such individual’s disability (as defined in sec-
tion 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 individ-
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ual’s status as a disabled individual (as deter-
mined 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 fol-
lowing 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 de-
termination 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 applica-
tion 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 
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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 in-
dividual 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 Commis-
sioner determines that the individual is not en-
titled 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 deter-
mines that payment will not be made to an in-
dividual for a month, or if the Commissioner 
determines that payment shall be made based 
on a number of caregiving hours in the month 
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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 enti-
tled. 
(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. 
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(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 review-
able 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 pre-
empt or supersede any provision of State or local 
law that authorizes a State or local municipality to 
provide paid family and medical leave benefits simi-
lar to the benefits provided under this section. 
(2) GREATER
BENEFITS
ALLOWED.—Nothing 
in this Act shall be construed to diminish the obliga-
tion of an employer to comply with any contract, col-
lective bargaining agreement, or any employment 
benefit program or plan that provides greater paid 
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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
PROTEC-
TION.— 
(A) IN GENERAL.— 
(i) PROHIBITED
ACTS.—It shall be 
unlawful for any person to interfere with, 
restrain, deny, or retaliate against an indi-
vidual because of the exercise of, or the at-
tempt to exercise, any right provided under 
this section, including through— 
(I) discharging or in any other 
manner discriminating against (in-
cluding retaliating against) an indi-
vidual because the individual has ap-
plied 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 nega-
tive factor in an employment action. 
(ii) RESTORATION
TO
POSITION.—It 
shall be interference with the right of an 
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individual for purposes of clause (i) for an 
employer of the individual to, upon the 
conclusion of any leave for which the indi-
vidual 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 in-
dividual 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 BEN-
EFITS.—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 indi-
vidual under any group health plan (as de-
fined in section 5000(b)(1) of the Internal 
Revenue Code of 1986) at the level and 
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under the conditions coverage would have 
been provided if the individual had contin-
ued 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 dis-
criminate against any individual because such 
individual— 
(i) has filed any charge, or has insti-
tuted or caused to be instituted any pro-
ceeding, under or related to this sub-
section; 
(ii) has given, or is about to give, any 
information in connection with any inquiry 
or proceeding relating to any right pro-
vided under this section; or 
(iii) has testified, or is about to tes-
tify, in any inquiry or proceeding relating 
to any right provided under this section. 
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(D) REBUTTABLE
PRESUMPTION
OF
RE-
TALIATION.—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 in-
dividual received a family and medical leave in-
surance benefit under this section shall estab-
lish a rebuttable presumption that the action of 
the employer is retaliating against such em-
ployee 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 be-
gins 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, em-
ployment benefits, or other com-
pensation denied or lost to such 
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