I 
118TH CONGRESS 
1ST SESSION H. R. 3481 
To provide paid family and medical leave benefits to certain individuals, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2023 
Ms. DELAURO (for herself, Ms. KUSTER, Ms. MCCOLLUM, Mrs. WATSON 
COLEMAN, Mr. SCHNEIDER, Mr. BOYLE of Pennsylvania, Mr. HIGGINS 
of New York, Ms. PETTERSEN, Ms. PINGREE, Mr. DELUZIO, Mr. DAVIS 
of Illinois, Mr. PHILLIPS, Ms. TITUS, Mr. NORCROSS, Mr. EVANS, Mr. 
BLUMENAUER, Ms. NORTON, Ms. SLOTKIN, Mr. CLEAVER, Mr. 
SWALWELL, Mr. MRVAN, Mr. CONNOLLY, Ms. OMAR, Mr. BOWMAN, Mr. 
RASKIN, Mr. MOSKOWITZ, Ms. WEXTON, Mr. NADLER, Ms. TOKUDA, Mr. 
NEGUSE, Mr. MORELLE, Mr. GOTTHEIMER, Ms. CASTOR of Florida, Mr. 
MULLIN, Mr. MFUME, Ms. UNDERWOOD, Ms. BLUNT ROCHESTER, Ms. 
LOIS FRANKEL of Florida, Mrs. MCBATH, Mr. POCAN, Ms. SCANLON, 
Mr. MCGARVEY, Ms. BARRAGA´N, Ms. WILLIAMS
of Georgia, Ms. 
BUDZINSKI, Mr. TONKO, Ms. JAYAPAL, Mr. MENENDEZ, Mr. PETERS, 
Mrs. CHERFILUS-MCCORMICK, Mr. LYNCH, Mr. CA´RDENAS, Mr. NICKEL, 
Ms. LOFGREN, and Ms. STRICKLAND) 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, 
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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, the following definitions apply: 
(1) CAREGIVING DAY.— 
(A) IN GENERAL.—The term ‘‘caregiving 
day’’ means, with respect to an individual, a 
calendar day in which the individual engaged in 
qualified caregiving. 
(B) LIMITATIONS.—An individual may not 
exceed— 
(i) with respect to any month, 20 
caregiving days; or 
(ii) with respect to any benefit period, 
60 caregiving days. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of Social Security. 
(3) DEPUTY COMMISSIONER.—The term ‘‘Dep-
uty 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. 
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(IV) In order to, as a result of 
domestic violence, sexual assault, or 
stalking— 
(aa) seek medical attention 
for the employee or the employ-
ee’s child, parent, spouse, domes-
tic partner, or any other indi-
vidual related by blood or affinity 
whose close association with the 
employee is the equivalent of a 
family relationship, to recover 
from physical or psychological in-
jury or disability caused by do-
mestic violence, sexual assault, or 
stalking; 
(bb) obtain or assist a re-
lated person described in item 
(aa) in obtaining services from a 
victim services organization; 
(cc) obtain or assist a re-
lated person described in item 
(aa) in obtaining psychological or 
other counseling; 
(dd) seek relocation; or 
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(ee) a grandparent, a grand-
child, or a spouse of a grand-
parent or grandchild; and 
(ff) any other individual who 
is related by blood or affinity and 
whose association with the em-
ployee is equivalent of a family 
relationship. 
(II) SERIOUS
HEALTH
CONDI-
TION.—The term ‘‘serious health con-
dition’’ 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) OTHER DEFINITIONS.—For pur-
poses of clause (i)(IV): 
(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.— 
(aa) 
IN
GENERAL.—The 
term ‘‘domestic partner’’, with 
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respect to an individual, means 
another individual with whom the 
individual is in a committed rela-
tionship. 
(bb) COMMITTED RELATION-
SHIP DEFINED.—The term ‘‘com-
mitted relationship’’ means a re-
lationship 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 re-
sponsibility 
for 
a 
significant 
measure of each other’s common 
welfare. The term includes any 
such relationship between 2 indi-
viduals, 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 relation-
ship, including a civil union or 
domestic partnership. 
(III) DOMESTIC VIOLENCE.—The 
term ‘‘domestic violence’’ has the 
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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 ‘‘jurisdic-
tion receiving grant monies’’ shall be 
deemed to mean the jurisdiction in 
which the victim lives or the jurisdic-
tion in which the employer involved is 
located. Such term also includes ‘‘dat-
ing violence’’, as that term is defined 
in such section. 
(IV) PARENT.—The term ‘‘par-
ent’’ 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. 
(V) 
SEXUAL
ASSAULT.—The 
term ‘‘sexual assault’’ has the mean-
ing given the term in section 40002(a) 
of the Violence Against Women Act of 
1994 (34 U.S.C. 12291(a)). 
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(VI) 
SPOUSE.—The 
term 
‘‘spouse’’, with respect to an em-
ployee, has the meaning given such 
term by the marriage laws of the 
State in which the marriage was cele-
brated. 
(VII) 
STALKING.—The 
term 
‘‘stalking’’ 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)). 
(VIII) VICTIM SERVICES ORGANI-
ZATION.—The term ‘‘victim services 
organization’’ means a nonprofit, non-
governmental organization that pro-
vides assistance to victims of domestic 
violence, sexual assault, or stalking or 
advocates for such victims, including a 
rape crisis center, an organization 
carrying out a domestic violence, sex-
ual assault, or stalking prevention or 
treatment program, an organization 
operating a shelter or providing coun-
seling services, or a legal services or-
ganization or other organization pro-
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viding assistance through the legal 
process. 
(C) TREATMENT
OF
INDIVIDUALS
COV-
ERED 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 indi-
vidual 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). 
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(6) 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)). 
(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. 
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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. 
(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; 
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(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-
ordination of leave under this Act and other laws, 
collective bargaining agreements, and employer poli-
cies; 
(9) annually providing employers a notice in-
forming employees of the availability of such bene-
fits; 
(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 
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Commissioner to effectively carry out the responsibilities 
described in subsection (b). 
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 
such application is filed or within 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 
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(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 2024, $2,000; and 
(B) if the benefit period begins in any cal-
endar year after 2024, 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-
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endar year preceding such cal-
endar year; divided by 
(bb) the national average 
wage index for 2022. 
(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 greater of— 
(A) the lesser of— 
(i) an amount equal to the monthly 
benefit rate determined under paragraph 
(2); and 
(ii) the maximum benefit amount de-
termined under paragraph (3); and 
(B) the minimum benefit amount deter-
mined under paragraph (3), 
multiplied by the quotient (not greater than 1) ob-
tained by dividing the number of caregiving days of 
the individual in such month by 20. 
(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— 
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(i) 85 percent of the individual’s aver-
age 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 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 2024, the amount established 
for purposes of clauses (i), (ii), and (iii) of 
subparagraph (A) shall be $1,257, $3,500, 
and $6,200, respectively. 
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(ii) WAGE
INDEXING.—For individ-
uals whose benefit period begins in any 
calendar year after 2024, each of the 
amounts so established shall equal the cor-
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 2024 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 2022. 
(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 
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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. 
(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 cal-
endar 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 max-
imum 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 
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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 en-
actment of this Act. 
(4) 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. 
(5) COORDINATION OF BENEFIT AMOUNT WITH 
CERTAIN
STATE
BENEFITS.—A benefit received 
under this section shall be coordinated, in a manner 
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determined by regulations issued by the Commis-
sioner, with the periodic benefits received from tem-
porary disability insurance or family leave insurance 
programs under any law or plan of a State, a polit-
ical subdivision (as that term is used in section 
218(b)(2) of the Social Security Act (42 U.S.C. 
418(b)(2))), or an instrumentality of two or more 
States (as that term is used in section 218(g) of 
such Act (42 U.S.C. 418(g))). 
(c) BENEFIT PERIOD.— 
(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-
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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 
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 
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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-
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 
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