Flexible Leave Act: What Proposed FMLA Changes Could Mean for Employers
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 ...