A Comparison of Selected Paid Leave Program Provisions Included in H.R. 5376 and in House Rules Committee Print 117-18

A Comparison of Selected Paid Leave Program Provisions Included in H.R. 5376 and in House Rules Committee Print 117-18

INSIGHTi

A Comparison of Selected Paid Leave Program
Provisions Included in H.R. 5376 and in
House Rules Committee Print 117-18
November 5, 2021
H.R. 5376 (Title XIII, Subtitle A), as introduced on September, 27 2021, proposed a new federal cash
benefit for eligible individuals engaged in certain types of family and medical caregiving. A modified
proposal was included in House Rules Committee Print 117-18 on November 3, 2021. Table 1 compares
selected provisions in these two proposals.
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Table 1. Selected Provisions Relating to a Proposed Federal Paid Leave Benefit Program in
H.R. 5376 and H. Rules Committee Print 117-18
H. Rules Committee

H.R. 5376
Print 117-18
Qualifying Reasons An unpaid activity engaged in by an individual in
An unpaid activity engaged in by an individual in
for Leave
lieu of work for the fol owing reasons:
lieu of work for the fol owing reasons:

the birth and care of the individual’s child,

the birth and care of the individual’s child,
within 12 months of the child's birth;
within 12 months of the child's birth;

the placement of an adopted or fostered

the placement of an adopted or fostered
child with the individual, within 12 months
child with the individual, within 12 months
of the child's placement;
of the child's placement;

to care for a qualified family membera with a

to care for a qualified family membera with a
serious health condition;b
serious health condition; and

the individual’s own serious health condition

the individual’s own serious health condition
if the individual is unable to perform the
if the individual is unable to perform the
essential functions of his or her job;
essential functions of his or her job.

qualified military exigencies arising from the

fact that a qualified family member is on
covered active duty;

to care for a qualified family membera who is
a covered servicemember with a serious
injury or il ness; and

the death of a spouse, parent, or child of the
individual.
Eligibility
An individual must
An individual must
Requirementsc

file an application for benefits;

file an application for benefits;

have (or anticipate having) at least 4

have (or anticipate having) at least 4
caregiving hours in a week ending at any
caregiving hours in a week ending at any
time during the period that begins 90 days
time during the period that begins 90 days
before the date on which such application is
before the date on which such application is
filed or not later than 180 days after such
filed or not later than 90 days after such
date; and
date;

have wages or self-employment income at

have wages or self-employment income at
any time during the period that begins with
any time during the period that begins with
the most recent calendar quarter that ends
the most recent calendar quarter that ends
at least 4 months prior to the beginning of
at least 4 months prior to the beginning of
the individual’s benefit period, and ends with
the individual’s benefit period, and ends with
the month before the month in which such
the month before the month in which such
benefit period begins.
benefit period begins, and

have at least the specified amount of wages
or self-employment income ($2,000 in 2024,
and adjusted thereafter) at any time during
the most recent 8-calendar quarter period
that ends at least 4 months prior to the
beginning of the individual’s benefit period.
Employment
No.
No.
Required at the
Time of Benefit
Application or
Receipt

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H. Rules Committee

H.R. 5376
Print 117-18
Weekly Benefit
The weekly benefit amount is calculated as the
The weekly benefit amount is calculated as the
Amount
product of the weekly benefit rate (see below) and
product of the weekly benefit rate (see below) and
Calculation
the ratio of number of creditable caregiving
the ratio of number of creditable caregiving
hours in the week to number of hours in an
hours in the week to number of hours in an
individual’s regular workweek (see below).
individual’s regular workweek (see below).
Weekly Benefit
For July 2023 through December 2024, the weekly For January 2024 through December 2024, the
Rate
benefit rate would be the sum of
weekly benefit rate would be the sum of

85% x (the first $290.00 of average weekly

90.138% x (the first $290.00 of AWEe)
earnings [AWE]e)

73.171% x (the portion of AWE between

75% x (the portion of AWE between
$290.01 and $658.62)
$290.01 and $658.62)

53.023% x (the portion of AWE between

55% x (the portion of AWE between
$658.63 and $1,192.31)
$658.63 and $1,384.62)
For qualified caregiving that occurs in weeks that

25% x (the portion of AWE between
end within the year 2024 (after which date a
$1,384.63 and $1,923.08)
portion of the benefit formula will be adjusted),

the maximum weekly benefit would be $814.10.

5% x (the portion of AWE between
$1,923.09 and $4,807.69)
A minimum benefit is not proposed explicitly in
For qualified caregiving that occurs in weeks that
the bil . However, given the requirement that
end within the year 2024 (after which date a
claimants have at least $2,000 in earnings in the
portion of the benefit formula will be adjusted),
8-quarter period described in “Eligibility
the maximum weekly benefit would be $1,201.09. Requirements” (above), the bil provides for an
implicit minimum weekly benefit of $34.67 in
No minimum benefit.
2024.
Ratio of Caregiver
Hours of caregiving/ hours in regular workweek.d
Hours of caregiving/ hours in regular workweek.d
Hours to Regular
Creditable caregiving hours may not exceed the
Creditable caregiving hours may not exceed the
Workweek
number of hours in an individual’s regular
number of hours in an individual’s regular
workweek (i.e., the ratio above may not exceed
workweek (i.e., the ratio above may not exceed
one).
one).
Maximum
12 workweeks of qualified caregiving in a benefit
4 workweeks of qualified caregiving in a benefit
Duration of
period (generally a 12-month period).
period (generally a 12-month period).
Benefits
Administrationf
Treasury Department.
Social Security Administration.
Small Business
Yes. Certain small businesses may apply for
No.
Assistance Grants
federal grants to help cover paid family and
medical leave costs that are in excess of wages
paid to employees on leave (e.g., the cost of
hiring a temporary replacement for an employee
on leave).
Provides Job-
In general, no.g
In general, no.g
Protected Leave

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Financing
Open-ended mandatory spending for benefits and Open-ended mandatory spending for benefits and
certain associated program costs.
certain associated program costs.
Capped mandatory spending for education and
Capped mandatory spending for program
outreach activities in each of FY2022-2026, and
administration costs, starting in FY2022.
for research activities in each of FY2023-2027.
Appropriated funds for FY2022 for necessary
administrative expenses of the Social Security
Administration, and additional emergency funds
for program administration starting in FY2024 if
certain conditions are met.
First Payable Date
July 2023, the program would be permanently
January 2024, the program would be permanently
for Benefits
authorized.
authorized.
Source: CRS analysis of H.R. 5376 and H. Rules Committee Print 117-18.
a. A qualified family member is, with respect to the claimant: a spouse (including a domestic partner) and a spouse’s
parent, a child and a child's spouse, a parent and a parent's spouse, a sibling and a sibling's spouse, a grandparent, a
grandchild, or a spouse of a grandparent or grandchild; and any other individual who is related by blood or affinity and
whose association with the individual is equivalent of a family relationship.
b. Both bil s use the Family and Medical Leave Act (FMLA) definition of a serious health condition, which is a health
condition that requires inpatient care or continuing treatment by a health care provider.
c. Both bil s provide, with some differences, for exclusions or disqualifications from benefit eligibility.
d. The ratio measures the percentage of an individual’s workweek that was allocated to caregiving (e.g., 20 hours of
caregiving for a 40-hour workweek has a ratio of ½ or 50%, whereas as 20 hours of caregiving for a 20-hour
workweek has a ratio of 1or 100%).
e. An individual’s AWE would be calculated as the quotient of total wages (including self-employment income) during the
most recent 8-quarter calendar quarter period that ends 4 months prior to the beginning of the individual’s benefit
period divided by 104.
f.
Both bil s provide, with some differences, that if certain conditions are met and with federal government approval,
selected states and certain employers may administer the federal benefit and be reimbursed for a portion of the
actual or national average costs associated with providing such paid leave benefits, up to a maximum amount.
g. Both bil s provide, with some differences, that certain employers who receive federal grants under the program must
return an employee to the same job or to one that is equivalent in terms of pay, benefits, and employment terms and
conditions to the one held prior to taking leave. Individuals claiming the paid leave benefit may otherwise receive job
protection if they are entitled to job-protected leave (e.g., under the FMLA) and coordinate such leave with the
receipt of the proposed benefit.

Author Information

Sarah A. Donovan
Barry F. Huston
Specialist in Labor Policy
Analyst in Social Policy

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