Documenting the Evolution of Federal Paid Family and Medical Leave Policy

As the 117th Congress comes to a close, a new policy brief, Evolution of Federal Paid Family and Medical Leave Policy, authored by Chantel Boyens and Jack Smalligan at the Urban Institute, and Vicki Shabo at New America's Better Life Lab, details the evolution of paid leave policy: from the FAMILY Act – the comprehensive national paid leave proposal that advocates and lawmakers have built support for over nearly a decade – to the U.S. House Ways and Means Committee Chairman Richard Neal's Building an Economy for Families Act and President Biden's American Families Plan in the spring of 2021, to the Build Back Better Act's historic paid leave provisions, which passed the U.S. House of Representatives in November 2021.

The run-up to the House of Representatives' passage of the Build Back Better Act marked a period of rapid paid leave policy development. In this brief, we describe and compare the proposals under debate.

Throughout 2021, policymakers and advocates grappled with improvements to ensure equity in access to paid leave; dealt with cost constraints that required policy trade-offs; and sought to balance the interests of workers and employers, as well as those of states with existing paid leave programs. Proposals by the White House and Congress prioritized expanded coverage and eligibility for workers, benefits that replace a larger share of earnings for lower-wage workers, and integration with existing state paid family and medical leave programs and employer benefits. Policy constraints imposed by negotiations reduced the duration of leave, maximum benefit level, and job protections in the House-passed bill. Further research is needed to estimate the impact of the various proposals on worker access, take-up, benefit levels, participation in other programs, employment, health, and consequences for business.

Our brief discusses key considerations in policymaking and raises areas for future research as national and state policy debates continue on this essential policy that – crafted and implemented well – will help strengthen and support families, improve health, boost labor force participation and build a stronger economy.