New paid leave bill puts private insurance at the center

S.5017 would require states to partner with private entities to build paid leave programs. Brokers, take note

New paid leave bill puts private insurance at the center

Benefits

By Mark Rosanes

A bipartisan paid leave bill moving through Congress contains a provision absent from recent major federal paid leave proposals: a mandate that states partner with private entities to administer benefits. That structural detail is the part worth watching for benefits brokers tracking the PFML market.

The Senate bill, S.5017, was introduced on July 16, by Sens. Kirsten Gillibrand of New York and John Boozman of Arkansas, as the companion to a House bill filed in April 2025 by Reps. Stephanie Bice of Oklahoma and Chrissy Houlahan of Pennsylvania. The Albany Times Union reported Gillibrand's comments on the legislation. Both bills remain in committee.

The bill does not create a national paid family and medical leave (PFML) program. It establishes a three-year grant program administered by the Department of Labor, with competitive awards of $1.5 million to $7 million per state. To qualify, a state must use a public-private partnership model and offer at least six weeks of leave tied to at least one qualifying reason under the Family and Medical Leave Act (FMLA).

What the private-entity requirement means

The bill defines a qualifying partnership as a state arrangement with at least one private entity, such as an insurance company handling administrative functions, the benefit application process, or claims. States may also allow employers to self-administer. That language gives insurers and group benefits carriers a defined role in any state that receives a federal grant.

The American Council of Life Insurers (ACLI) has already signaled support for the bill. In a statement, it noted that the private sector has delivered paid leave benefits at scale for nearly a century, with approximately 67 million Americans covered by employer-based short-term disability insurance. Life insurers and employers paid out $8.6 billion in paid leave benefits in 2024, according to the ACLI.

Twenty-seven states currently have no paid family leave program of any kind, according to the Boozman-Gillibrand press release. If those states build programs under this framework, the addressable market for insured PFML products would expand. The same pattern is already visible at the state level: Maryland opened private paid-leave filings in June, setting a September 30 cutoff for carriers to file forms and rates for private plans employers can buy in place of the state-run program.

A second component for multi-state employers

The bill includes a second title: the Interstate Paid Leave Action Network, or I-PLAN. It creates a voluntary multi-state working group with common definitions, administrative standards, and a shared claims-processing technology framework. Participating states receive annual conforming grants of $1.5 million to $8 million.

For brokers advising multi-state employers, the I-PLAN component addresses a problem that has grown as PFML programs expand. There are now 16 jurisdictions with active mandatory PFML programs, each running on its own rules and timelines. When those programs stack against federal FMLA obligations and employer-sponsored short-term disability plans, the compliance gaps are material.

A shared standard across even a handful of participating states would cut that burden. The group voluntary benefits and disability markets have been absorbing the cost of that fragmentation for years.

A debate over who should deliver

Not all policy observers support the private-entity requirement. Jane Waldfogel, a professor at Columbia University School of Social Work, told the Times Union that most paid leave programs historically use a public delivery model. She said requiring private partners risks diverting funds to insurance profits and added the requirement was likely a legislative compromise.

Sharita Gruberg, vice president for economic justice at the National Partnership for Women and Families in Washington, raised a separate concern. She said the bill does not actually establish a paid leave program and may set a lower bar for future national policy. Her preferred legislation, the Family and Medical Insurance Leave (FAMILY) Act, would establish a federal program covering all workers regardless of employer size.

The bills' prospects are uncertain. Both are in committee, and paid leave legislation has stalled in Congress repeatedly over the past decade. Francine Blau, a professor of industrial and labor relations at Cornell University, told the Times Union she believes the bill has promise, citing its bipartisan structure.

For carriers and brokers in the group benefits space, the bill's outcome maps to a clear fork. Passage expands the insured PFML market in 27 states that currently have nothing. Failure leaves the market where it is: growing state by state, on terms that vary widely in whether private plan alternatives are permitted at all.

Related Stories

Keep up with the latest news and events

Join our mailing list, it’s free!