As a way to allow families to balance work with the need to care for and fulfill family obligations, Congress passed the Family Medical Leave Act of 1993. Over 7 million people took advantage of the benefits offered under this law in 2005.
What the Law Says
- Employers must provide up to 12 weeks unpaid leave in any 12 month period for employees for certain family and medical reasons. (26 weeks to care for wounded service member.)
- Employers must offer the employee, if not the same position, a similar position with the same pay rate and benefit level as before the leave occurred.
- Employees are able to take the leave either as 12 continuous weeks, intermittently or with reduced hours.
Which Employers Are Required to Abide by the Law
- Employers with 50 or more employees within a 75-mile radius of the employee.
- Public Agencies are considered eligible employers.
Eligibility for Employees
- Must have worked for the employer for 12 months prior to taking leave (need not be continuous.)
- Must have worked at least 1,250 hours in the 12 months preceding the leave.
What Are Qualified Family and Health Situations
- The birth or adoption of a child or bringing a foster child into their home.
- A serious medical condition of a spouse, child or parent.
- A qualifying exigency (emergency situation or one that requires immediate attention) as a result of a spouse, child or parent being on active duty or being called to active duty.
- A serious medical condition of the employee that prevents them from performing the normal activities of their job.
Restrictions
- Family and medical leave needs to be approved by the company in advance whenever possible.
- Intermittent leave must include proper medical documentation.
- Holidays, when they fall within the leave, do not extend the leave. For example, if Christmas would normally be a day off, it would still count toward the 12 week total.)
- If reduced or intermittent leave is requested, employers can request an employee move to a different position that would be more amenable to extra time off, as long as the position has equivalent pay and benefits.
- Employers can require employees to use accrued personal time off as part of the 12 weeks allowed under the law.
- If both spouses work for the same employer, there will be a total of 12 weeks leave, not 12 weeks for each spouse.
Reactions to the Law
The law allows parents to take time from work after the birth of a child or to care for a family member without the fear of losing their job. According to the U.S. Department of Labor, a review of the law shows that overall, it is working and many employees have indicated they have been satisfied with the law.
The main concern of employers is with the intermittent time off from work. For some industries, this causes problems with scheduling and workflow. For example, if an employee has an illness with flare-ups that come without warning and the employee must take off without notice, it can cause manufacturing facilities to lose time and production and service industries to be without personnel. Some companies have also indicated they believe some employees are abusing or misusing the Family and Medical Leave Act.
The U.S. Department of Labor intends to review these issues. However, at this time the agency does not expect to make any major changes in the law.
Employees expecting a child should discuss their intentions of taking family leave before their baby is born. Those with family members or with an illness themselves should talk with their doctor about the possible need for time off and make arrangements with their employer beforehand as much as possible. Intermittent and time off without prior notice should be kept for emergency situations only.
