Multiple proposals before Congress would mandate paid sick leave and paid family medical leave mandates on small businesses. The Build Back Better Act contained an inflexible four-week federal paid family leave program that would pose challenges to small employers trying to manage and maintain their workforce.

Other proposals would mandate ten days of paid sick leave and up to 12 weeks of paid family and medical leave on all employers, similar to the temporary requirements from the Families First Coronavirus Response Act (FFCRA) of 2020. These requirements are unfamiliar to smaller employers with fewer than 50 employees who are not currently subject to the unpaid leave mandates of the Family and Medical Leave Act.