II
117th CONGRESS
2d Session
S. 3748
IN THE SENATE OF THE UNITED STATES
March 3, 2022
Ms. Smith (for herself, Ms. Warren, Mr. Durbin, Mrs. Gillibrand, Mr. Padilla, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
A BILL
To expand employees eligible for leave and employers subject to leave requirements.
Short title
This Act may be cited as the Job Protection Act
.
Expansion of employees eligible for leave
In general
Section 101(2) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended—
in subparagraph (A), by striking employed—
and all that follows through the end of the subparagraph and inserting employed for not less than 90 days by the employer with respect to whom leave is requested under section 102.
;
in subparagraph (B), by striking does not include—
and all that follows through the end of the subparagraph and inserting does not include any Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (as added by title II of this Act).
;
by striking subparagraphs (C) and (D); and
by redesignating subparagraph (E) as subparagraph (C).
Federal employees
Title 5
Subchapter V of chapter 63 of title 5, United States Code, is amended—
in section 6381(1)(B), by striking 12 months
and inserting 90 days
; and
in section 6382(d)(2)(E), by striking 12 months
and inserting 90 days
.
Presidential employees
Section 412(a)(2)(B) of title 3, United States Code, is amended by striking 12 months and for at least 1,250 hours of employment during the previous 12 months
and inserting 90 days
.
Congressional employees
Section 202(a)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2)(B)) is amended by striking 12 months and for at least 1,250 hours of employment during the previous 12 months
and inserting 90 days
.
Expansion of employers subject to leave requirements
Section 101(4)(A)(i) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)(A)(i)) is amended by striking 50 or more employees
and all that follows through the end of the clause and inserting 1 or more employees
.
Applicability
This Act, and the amendments made by this Act, shall apply with respect to leave taken on or after the date of enactment of this Act.