H.R. 7505 — Flexible Leave Act

This section modifies intermittent and reduced schedule leave under the Family and Medical Leave Act of 1993 (FMLA), which entitles eligible employees to a total of 12 workweeks of unpaid, job-protected leave during any 12-month period for qualifying family and medical reasons (or 26 workweeks to care for a covered servicemember with a serious injury or illness). (1) Replaces the first three sentences of FMLA section 102(b) with language authorizing leave under section 102(a)(1) or (a)(3) to be taken intermittently or on a reduced leave schedule, subject to section 102(b)(2), section 103(e)(2) and (3), and section 103(f) as appropriate. (As background, prior law prohibited intermittent leave for birth or placement under 102(a)(1)(A) or (B) unless agreed to by the employer and permitted it without agreement for other purposes under 102(a)(1).) (2) Strikes paragraphs (5), (6), and (7) of FMLA section 103(b), removing certification requirements applicable to intermittent leave. (Thus, employers may no longer require recertification more frequently than every 30 days under the struck provisions.)