S. 408 — Job Protection Act

This section revises the eligibility definition for covered employees (i.e., congressional staff subject to the Congressional Accountability Act) to receive Family and Medical Leave Act of 1993 (FMLA; 29 U.S.C. 2611 et seq.) rights and protections—including up to 12 weeks of unpaid leave for qualifying family and medical reasons—to include those employed for at least 90 days (from 12 months and at least 1,250 hours during the previous 12 months).

This section expands the employers subject to Family and Medical Leave Act (FMLA) requirements by revising the definition of employer to include any person engaged in commerce or any industry or activity affecting commerce who employs 1 or more employees (from 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year).