Family Medical Leave Act

From JCPA

June 23, 2005

The Family Medical Leave Act (FMLA) was enacted in 1993. The legislation was designed to support the efforts of states and political subdivisions to provide partial or full wage replacement for Americans who have to take leave for family or medical reasons. Since its inception more than 50,000,000 Americans have taken leave under the act. Of that number 52 percent took leave for their own health conditions and 26 percent took leave to care for a new child or for maternity disability reasons. As a result of the FMLA fewer people have been forced to choose between a job and family when medical crises strike or babies are born.

On February 3, 2005 Senator Dodd (D-CT) introduced a bill entitled the Family and Medical Leave Expansion Act (S. 282) amending the FMLA. The new bill directs the Secretary of Labor to make five year grants to state or local governments to pay for the federal share of the cost of carrying out projects that assist families by providing wage replacement for eligible individuals responding to care giving needs resulting from the birth or adoption of a child or for other family care giving needs. It would also extend coverage to employees working at sites where the employer employs at least 25 employees at the worksite and within 75 miles of that worksite; amends the law to entitle leave to employees who must address the effects of domestic violence; and allows employees covered by the Time for Schools Act of 2005 to take advantage of certain types of school involvement leave.

The FMLA has proven to be a critical resource for millions of Americans. However, since the act only provides unpaid leave, there are still many Americans who cannot take advantage of it. According to a Department of Labor survey released in 2000, 3,500,000 Americans needed family and medical leave but could not afford to take unpaid time off. Additionally, nine percent of those who took family or medical leave and received less than full pay during their longest period of leave required public assistance to cover their lost wages. This statistic is noteworthy because 73 percent of those taking family and medical leave had incomes above $30,000.

This legislation is increasingly important because the number of women in the workforce is growing. In 2004, the number of mothers in the workforce with infants under the age of one was about 55 percent, which greatly contrasts to just decades ago when only a handful of mothers worked while their children were under the age of one. Research has demonstrated that family leave policies such as the Family Medical and Leave Act can be instrumental in easing those costs and closing the gender pay gap.

Opponents of the FMLA are proposing changes to the law that would deny many working Americans the benefits of job-protected leave when they need it most by changing the definition of a serious illness and restricting the use of intermittent leave. It is imperative that legislation do a better job of helping our nation's families be responsible employees and parents. More solutions must be provided to help working families balance their work and family obligations.

For further information, contact Sarina Fogel at (202) 789-2222, ext. 102 or by email at sfogel@thejcpa.org with questions