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1 1 (December 9, 2021)

handle is hein.crs/goveeyp0001 and id is 1 raw text is: I ri ll~n Ih leiltv dbtsIne1 4 0 December 9, 2021 Build Back Better Act: Universal Comprehensive Paid Leave The Build Back Better Act (BBBA; H.R. 5376), passed by the House on November 19, 2021, proposes a new federal cash benefit for eligible individuals engaged in certain types of family and medical caregiving (Title XIII, Subtitle A). In particular, the act proposes to amend the Social Security Act (42 U.S.C. §§301 et seq.) by adding Title XXII: Comprehensive Paid Leave Benefits, which would entitle eligible individuals to up to four workweeks of cash benefits in each benefit period (generally, a 12-month period). Benefits would be payable starting January 2024, and the program would be permanently authorized. Qualified Caregiving The proposed cash benefits would be payable to eligible individuals engaged in qualified caregiving for at least four hours in a week. Qualified caregiving is defined as an unpaid activity engaged in by an individual in lieu of work for the following: * the birth and care of the individual's child within 12 months of the child's birth, * the placement of an adopted or fostered child with the individual within 12 months of the child's placement, * the care for a qualified family member with a serious health condition, and * the individual's own serious health condition if the individual is unable to perform the essential functions of his or her job. Qualified Family Member The act defines qualified family member, with respect to the claimant, as 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 (as per regulations to be issued by the Social Security administrator). Serious Health Condition BBBA uses the Family and Medical Leave Act (FMLA, P.L. 103-3, as amended) definition of serious health condition. Under FMLA, a serious health condition is one that requires inpatient care or continuing treatment by a health care provider. These terms are further defined by Department of Labor regulations, resulting in six scenarios that qualify as a serious health condition: 1. Inpatient care: care that includes an overnight stay in a medical facility and any associated period of incapacitation and treatment. 2. Incapacity and treatment: a period of incapacity that lasts more than three consecutive calendar days and https://crsrepo requires either two or more in-person visits with a health care provider, or a single in-person visit that results in a course of continuing treatment under a health care provider's supervision. 3. Pregnancy or prenatal care: any period of incapacity due to pregnancy or for prenatal care, with no requirements concerning a specific duration of incapacity or treatment by a health care provider. 4. Chronic conditions: a condition that requires periodic visits for medical treatment, continues over an extended period of time, and may cause episodic or continuing periods of incapacity (e.g., asthma, diabetes, epilepsy). 5. Long-term or permanent conditions: a period of incapacity due to a condition for which treatment may not be effective. To qualify as a serious health condition, the individual must be under the continuing supervision of a health care provider. 6. Certain conditions requiring multiple treatments: restorative surgery after an injury or accident, or a condition that would likely result in a period of incapacity lasting three or more consecutive calendar days if not treated (e.g., dialysis for kidney disease). A serious health condition generally does not describe a minor ailment (such as the common cold), barring special circumstances or medical complications, or a need for a routine doctor's appointments (such as an annual physical). Eligibility Requirements In general, in order to claim the proposed federal benefit, an individual must have filed an application for benefits and have (or anticipate having) at least four caregiving hours in a week ending at any time during the period that begins 90 days before the date on which such application is filed or not later than 180 days after such date. In addition, the individual must have wages or self-employment income at some point during the period that begins with the most recent calendar quarter that ends at least four months prior to the beginning of the individual's benefit period and ends with the month before the month in which such benefit period begins. (For example, to be eligible for benefits starting in August 2024, an applicant would need to show earnings at any time during the period from January 2024 to July 2024.) Finally, an individual must 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 eight-calendar quarter period that ends at least four months prior to the beginning of the individual's benefit period. Individuals would not need to be employed to claim the benefit. In general, individuals who receive wage compensation (including fully paid leave) from an employer while engaged in caregiving may not claim the proposed benefit. rts.congress.gov

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