The Family and Medical Insurance Leave (Family) Act

119th Congress: H.R. 5390; S. 2823

The Problem

Welcoming a new child, caring for a sick spouse or parent, or facing a serious illness can change—and strain—any family’s bottom line. Access to uniform paid leave is essential to closing the gaps created by these major life events and helping families stay healthy both physically and financially. Due to systemic discrimination, including health disparities, LGBTQ+ people facing these changes often find themselves having to choose between the caregiving or recovery time they deserve and the paycheck they need.  

We know that LGBTQ+ workers facing a major life event are often left with leave policies that are under-inclusive at best. According to the 2018 U.S. LGBTQ Paid Leave Survey, fewer than half of policies cover parents of all genders equally or are inclusive of the many ways that families welcome a child, including through childbirth, adoption, or foster care. Even for LGBTQ+ workers whose employers have a formal paid leave policy, one in five respondents to the 2018 survey reported that fears of discrimination could prevent them from requesting leave if it would require disclosing their LGBTQ+ identity. 

What is the FAMILY Act?

The FAMILY Act would help bridge the financial gap many working families face following the birth or adoption of a child, as well as personal or family illness requiring leave from work. The FAMILY Act would provide workers up to 12 weeks of financial support during a family or medical leave. This would cover time taken following the birth or adoption of a child, including time to recover from pregnancy and childbirth, as well as leave taken to care for a sick child, parent, spouse, or domestic partner, to recover from illness personally, or time taken for military caregiving and leave purposes.

Current Status of the Bill? 

The Family and Medical Insurance Leave (FAMILY) Act was reintroduced on September 16th, 2025, in the House of Representatives by Rep. DeLauro (D-CT) and in the Senate by Sen. Gillibrand (D-NY).

For more information, please contact legislation@hrc.org. Read about other Federal Legislation pertinent to the LGBTQ+ community here.