What does Preamble of HR 5390 do?

This bill aims to provide paid family and medical leave benefits to certain individuals. The bill was introduced in the House of Representatives. It was referred to the Committee on Ways and Means.

What does SHORT TITLE. of HR 5390 do?

This Act establishes a short title for legislative reference.

What does DEFINITIONS. of HR 5390 do?

This section defines terms used in the Act, including 'caregiving hour' and 'qualified caregiving'. A 'caregiving hour' is a 1-hour period during which an individual engages in qualified caregiving. An individual's 'caregiving hours' are limited to 12 times their regular workweek hours. The section also defines 'Commissioner', 'Deputy commissioner', 'eligible individual', and other terms. Qualified caregiving includes activities for a qualifying reason, such as caring for a family member with a serious health condition.

What does OFFICE OF PAID FAMILY AND MEDICAL LEAVE. of HR 5390 do?

This section establishes the Office of Paid Family and Medical Leave within the Social Security Administration. The office will be headed by a Deputy Commissioner appointed by the Commissioner. The Deputy Commissioner is responsible for hiring personnel, issuing regulations, and entering into cooperative agreements. Key responsibilities include determining eligibility and benefit amounts for family and medical leave insurance benefits. The Deputy Commissioner must prevent fraud and abuse, provide information to the public, and annually notify employers of benefit availability. An annual public report will detail benefit recipients, purposes, and utilization rates by demographic categories. Culturally and linguistically competent education and outreach are required to increase benefit utilization. The Commissioner will provide the Deputy Commissioner with necessary data and facilitate data sharing agreements with other federal agencies. The Commissioner must submit a report to Congress within 12 months of enactment regarding databases and feasibility of expediting application reviews and benefit payments.

What does FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS. of HR 5390 do?

This section outlines the rules for family and medical leave insurance benefit payments. To be eligible, individuals must meet certain requirements, including filing an application and having a specified amount of wages or self-employment income. The benefit amount is calculated based on the individual's average monthly earnings and the number of caregiving hours. The section also provides for review of eligibility and benefit payment determinations, as well as protection against interference with or retaliation for exercising rights under this section. Employers are prohibited from interfering with or retaliating against individuals who exercise their rights under this section.

What does FUNDING FOR STATE ADMINISTRATION OPTION FOR LEGACY STATES. of HR 5390 do?

This section establishes funding for legacy states to administer paid family and medical leave benefits. Payments to legacy states will begin in calendar year 2027. The grant amount is the lesser of two options: the estimated cost if the state weren't a legacy state or the actual cost of benefits paid. A legacy state is defined as one that enacted paid family and medical leave benefits by the Act's enactment date, intends to remain a legacy state, and provides at least 12 weeks of leave with a wage replacement rate equivalent to section 4. States may make estimated payments during a calendar year if they anticipate being a legacy state. Employers can provide benefits under state laws, and states can distribute grant funds to those employers. States must share data with the Commissioner, including individual names, dates of benefits, and amounts paid, as a condition of receiving grants.

What does REGULATIONS. of HR 5390 do?

The Commissioner must prescribe regulations to carry out this Act. A volunteer advisory body with 15 individuals will provide input on regulations. The advisory body includes experts and officials from State paid family and medical leave programs. The Commissioner considers State programs when proposing regulations. Advisory body members are appointed by various government leaders.

What does GAO STUDY. of HR 5390 do?

This section mandates a study by the Comptroller General regarding family and medical leave insurance benefits. The study is required as soon as practicable after 2026, and every 5 years thereafter. The report must include data on applications, requests for review, and monthly benefit claim reports. The report will identify the number of applications and the average processing time for eligibility determinations. It will also identify the number of review requests and the average time for final eligibility determinations. The study must identify any excessive delays and describe their causes, and any correlation to claimant demographics or industry sector. The report should also identify any additional data needed for future reports.

Back to bills

FAMILY Act — HR. 5390

Last updated: 9/16/2025 · Introduced: 9/16/2025

Author: Rosa DeLauro (D-CT)

TL;DR (AI)

This bill establishes a federal Office of Paid Family and Medical Leave within the Social Security Administration to administer and oversee a new insurance benefit program.
Eligible individuals can receive financial benefits to cover time off for family caregiving or their own serious health condition, with benefit amounts based on earnings and caregiving hours.
The bill provides funding to states that already have paid family and medical leave programs, requiring them to share data with the federal government to receive continued support.

119th Congressin committeeOfficial page

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Includes provisions on preamble, short title., and 6 more.

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