Sarah McBride

U.S. Rep. Sarah McBride is bringing a policy she once championed in Dover to Congress, co-sponsoring a bipartisan bill that would make federal family leave more flexible for working parents.

The Flexible Leave Act, introduced Feb. 11 by the Delaware Democrat and Florida Republican Rep. Anna Paulina Luna, would modernize the federal Family and Medical Leave Act to better reflect how working families manage caregiving and welcoming a new child.

“No one should have to choose between their paycheck and their family, between their purpose and their health,” McBride said.

This isn’t the first time McBride has pushed for this kind of legislation. As state senator, she championed the Healthy Delaware Families Act, which became law in 2022.

Should this federal law pass, workers who are eligible for federal leave – including those in Delaware – will have more flexibility when it comes to taking unpaid time away from work to care for a new child at home.

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What does the Family and Medical Leave Act do?

The federal Family and Medical Leave Act currently allows qualified employees “to take unpaid, job-protected leave” for up to 12 work weeks for specific family and medical reasons, according to the U.S. Department of Labor.

That includes taking time to care for and bond with a new child, whether it be through birth, adoption or foster care placement.

Critics say the law places unnecessary limits on how new parents can use their leave.

While the law provides workers with protected leave, they can only take that leave intermittently or work a reduced schedule if their employer agrees.

Although many Delaware workers are eligible for federal family leave, many cannot afford to take it because the leave is unpaid, according to a state Department of Labor program overview. Federal leave may also be used alongside employer-provided paid leave.

McBride and Luna argue that this leaves many families unable to take their leave in flexible, shorter bursts. And as a result, they often have no choice but to take an all-or-nothing approach.

And for many parents, McBride said, “that just doesn’t work.”

“It doesn’t work for their newborn, and for many it doesn’t work for their pocketbook,” she added.

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And because federal leave is unpaid, flexibility can benefit many middle and lower-income families unable to afford to take weeks off all at once, though state and employers may have their own leave programs.

The bill would allow new parents to take up to 12 weeks of protected leave on a flexible schedule, without additional approval or red tape, McBride said.

With more flexible leave, working parents would be allowed to take protected leave intermittently or on a modified schedule for eligible reasons – like a new baby – without needing approval from an employer or doctor.

For McBride – a staunch advocate for paid leave even before she stepped foot on Capitol Hill – no person should have to choose one or the other.

“Every single worker at some point will face one of these life events, and we should guarantee that no matter where you live, no matter who you work for, at the end of the day, no one should have to sacrifice their job or their income,” McBride said.

What could this look like in Delaware?

In addition to Delaware, 12 other U.S. states and the District of Columbia have passed legislation to create paid medical and family leave programs, according to the National Conference of State Legislatures.

As of now, there is no nationwide law that guarantees or provides access to paid family and medical leave for private sector employees.

McBride said the bill would strengthen protections for Delaware workers by reinforcing the federal law that underpins the state’s paid leave program.

Delaware launched its paid family and medical leave program in January, giving eligible workers up to 12 weeks of paid leave.

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Last month, Delaware’s Division of Paid Leave reported “a successful launch” of paid family and medical leave, according to an announcement issued Feb. 9.

Officials reported the following types of paid leave that were approved so far:

44.6% for medical leave, which gives employees time to address their own serious health condition.

42% for parental leave, which grants employees time off to care for and bond with a new child through birth, adoption or foster care placement.

13.2% for family caregiver leave, which allows employees time to care for a family member or loved one “with a serious health condition.”

“Less than one percent for qualified exigency leave,” which gives employees time to prepare for and handle the impact of the military deployment of a family member.

What happens next?

The federal bill, awaiting committee review, faces more challenges than Delaware's leave legislation.

Unlike Delaware’s state legislature – which has a Democratic majority in both chambers – the U.S. House has 218 Republicans, 214 Democrats and three vacancies as of Feb. 2.

The flexible leave bill is co-sponsored by McBride and Luna, whose recent legislative efforts have included proposals to limit social media use in schools and ban congressional stock trading.

McBride said she plans to continue working with lawmakers on both sides of the aisle to build support for the measure. Having Luna as a co-lead, McBride said, “should send a strong signal” to Republican colleagues that backing the bill is “good politics and good policy.”

If it clears committee, the bill would need 218 votes in the House to advance to the Senate.

This story has been updated to add more information on the House bill.