The
Family Medical Leave Act (FMLA) was signed 20 years ago this month – the first law signed by
President Bill Clinton. Given the
changes in the U.S. economy over the last two decades, it’s worth taking a look at the
FMLA to see if it’s
still working well.
Although
the FMLA was controversial when it was first passed, it has helped both
employees and employers over the last 20 years by allowing American families
the opportunity to care for their health by taking a temporary time-out from
the workplace. Many states have similar
laws which allow employees who aren’t covered by the FMLA to take a leave of absence for
medical and other reasons. In Minnesota, for example, employees can take a
leave to donate blood, care for an injured child, attend school conferences, vote,
or serve as a political party delegate, among other things. In Wisconsin, an employee may take a leave of
absense to serve as an election official or to vote. And the Wisconsin family or medical leave law
covers some employees not covered by the FMLA.
Of course many employers grant requests for unpaid leave even when they
are not required to do so.
The FMLA is
a law that affects most of us. It
applies to employers with 50 or more employees, and to employees who have
worked at least half-time for at least 12 months, and who do not hold a “key” position. This means that the FMLA covers almost 60% of
workers.
The FMLA
allows employees to take up to 12 weeks of unpaid leave for certain qualified
reasons. During the leave, the employee
retains benefits such as health insurance.
And when the leave is over, the employee is entitled to return to the
same or equivalent job. Employees are
also protected against retaliation for using their FMLA rights.
The FMLA
was originally designed to allow women to take an unpaid leave to have a child
without losing their job. The FMLA also
covers fathers who want to take a leave following childbirth or adoption, as
well as employees who seek a leave to care for an ill family member. But
almost 60% of leave is used because of the employee’s own illness. For example, an employee may need to take
time off for surgery and recovery. This leave can be taken all at once or
intermittently –
whichever is required by the employee’s condition.
A 2012
survey commissioned by the Department of Labor shows that the FMLA is doing its
job. Thirteen percent of all employees
took a leave of absence for a qualifying FMLA reason in the past year. Most leaves are short in duration: almost half last for 10 days or less. This rate has been relatively stable over the
years. Ninety-one percent of covered
employers report that the existence of FMLA leave either had a positive or no
noticeable effect on employee absenteeism, turnover and morale. And misuse of the FMLA occurs in less than 2%
of covered worksites.
In this
changing economy, it can be hard to balance work and family obligations,
especially when the health of yourself or your family is on the line. The FMLA has helped employers and employees
strike a manageable balance by establishing appropriate guidelines. For example, a father whose child was injured
in a car crash can be assured that he can take time off to care for her without
losing his job. And an employer knows
that valued employees will return to the workplace after the leave is
over.
The FMLA
has stood the test of time and has become an important part of the employment
landscape. Happy birthday, and may there
be many more!
