March 2, 2026

By: Hannah M. Franke

On February 11, 2026, Congresswoman Sarah McBride (DE-At-Large) and Congresswoman Anna Paulina Luna (FL-14) introduced bipartisan legislation, the Flexible Leave Act (H.R. 7505), proposing notable updates to the Family and Medical Leave Act (29 U.S.C. 2612 (b)) (“FMLA”). Aimed at making job-protected leave more accessible for today’s workforce, the Flexible Leave Act would remove (1) employer consent for intermittent leave and (2) medical certification requirements.

In its current form, the FMLA requires that employees secure employer approval for intermittent leave for planned treatments or to manage conditions. Under the Flexible Leave Act, intermittent leave can be taken as needed, without employer consent. The proposal further seeks to remove the requirement to furnish medical certifications to substantiate serious health conditions or family-care needs.

Employees taking qualifying FMLA leave would continue to receive job restoration to the same or an equivalent position at the end of leave. The FMLA’s basic framework of up to 12 workweeks of unpaid, job-protected leave in a 12‑month period would remain unless otherwise modified in the final bill.

In practice, employers stand to be impacted by the Flexible Leave Act’s proposed changes. By allowing leave to be taken intermittently without employer consent, employees may avoid taking extended periods of leave, which can negatively disrupt their work and the operations of their employers. It could also create uncertainty in staffing for employers, as employees could take intermittent leave at will. The removal of certain certification requirements may ease the administrative burden on employees and employers alike, leading to a more streamlined process for taking leave under the FMLA with fewer complications. However, by removing the medical certification requirement, the proposed legislation could spark absence abuse as leave, as a practical matter could be taken for any reason.

The Flexible Leave Act is a proposal; its final language, timelines, and any implemented regulations may evolve during the legislative process. Pietragallo will continue to monitor the Flexible Leave Act and how it may affect policies, workforce planning, or leave administration in the employment space.