Family and Medical Leave Act..Questions & Answers
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In early 1993, President Clinton signed the Family and Medical Leave Act (FMLA), culminating a nearly decade-long struggle to enact legislation that would allow people to take time off from work to care for their families or themselves.
Before this law was enacted, many American employees were unable to take time off from work in family emergencies for fear of losing their jobs. In fact, according to the U.S. Bureau of Labor Statistics, in 1990 only 37 percent of all working women in firms with 100 employees or more were eligible for unpaid maternity leave upon the birth of a child. In the decades before this law, untold thousands of employees were forced to choose between caring for their families or keeping their jobs.
To address this intolerable situation, the FMLA was developed. It guarantees that people who work for companies with more than 50 employees can take up to 12 weeks' unpaid leave a year to care for a newborn or newly adopted child or for certain seriously ill family members, or to recover from their own serious health conditions.
Although this law is relatively straightforward, some employees and employers may be unsure about how it actually works. This Guide is designed to answer many frequently asked questions about the FMLA. It is generally based on the regulations explaining the FMLA issued by the U.S. Department of Labor (Labor Department), which enforces the law. This Guide explains the operation of the federal FMLA alone. In many cases, however, employees have additional protections against losing their jobs -- such as protections found in state family and medical leave laws, union contracts, or laws that prohibit discrimination on the basis of disability. These may provide greater benefits or security than the federal FMLA. For example, the FMLA guarantees 12 weeks of leave a year; but state law, a union contract, or the Americans with Disabilities Act may give an employee a longer period of job protection. (See Questions 53-55 for more information about other laws that also affect family and medical leave.)
This Guide can only describe the law and regulations in general. To find out how the FMLA, as well as the laws or contracts mentioned above, affect your particular situation, contact a lawyer who specializes in employees' rights, the Labor Department's Wage and Hour Division (1.800.959.FMLA), your state labor department, and/or your union.
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