Understanding the Family & Medical Leave Act

This year marks the 20th anniversary of the Family & Medical Leave Act, which made the U.S. the last industrialized nation in the world to allow workers to take unpaid time off from their jobs to attend to family matters such as the birth of a child or care of an ill parent. This historic legislation did not come easily. For years, Republicans stalled the proposal. Then, during a period of time when Democrats controlled both houses of Congress, the Family Medical & Leave Act (FMLA) was passed on two different occasions. Unfortunately, the proposed law was vetoed on both those occasions by the first President Bush.

Labor unions continued to fight hard for this family friendly legislation, and the battle ended on a positive note after Bill Clinton was elected President. In 1993, the Family and Medical Leave Act was once again passed by a Democratic Congress, and it was the first law signed by the new President.

What the Law Does

Since its enactment FMLA has proven to be a law that has helped families greatly while having a minimum impact on employers. But several studies have revealed that too many people, from both the workforce and management, do not fully understand FMLA. That’s why the following information should prove to be helpful.

The Family and Medical Leave Act provides up to 12 weeks of unpaid leave for eligible employees at work places that employ more than 50 people. Under the terms of the law, employees who take leaves are guaranteed their jobs and seniority when they return to work. If the job provides health benefits, employers must continue this coverage during the employees’ leave. The leaves are granted for family or medical emergencies, examples of which follow: 

Eligibility

Employees are eligible for leave under FMLA after they have worked a minimum of 1,250 hours over one 12 month period. FMLA allows eligible employees, regardless of gender, to take up to 12 weeks of unpaid leave in connection with the following events:

• The birth, adoption or foster care placement of a child, provided the leave is taken within 12 months of that event.

• The serious medical condition of the employee’s parent, spouse or child. (To qualify under the law the child must be the employee’s dependent and under age 18, or be a disabled adult who qualifies as a dependent.)

• The serious medical condition of the employee himself, which could prevent him/her from performing the functions of the job.

Duration of Leave

Eligible employees may take up to 12 weeks of unpaid leave per year in connection with any of the above events. An employer may, however, request that an employee take any available paid leave he or she may have available, including vacation time, before going on unpaid leave.
An employee may take intermittent leave or may work a reduced leave schedule to lessen the usual hours per day or per workweek. Intermittent or reduced leave schedules are subject to employer approval unless medically necessary. While an employee is on intermittent leave, an employer is permitted to reassign the employee to another position, provided that the new assignment is comparable to the employee’s original job.

Reinstatement after Leave

In general, employees who take leave must be given back their former position or one that has equivalent pay, benefits, and “terms and conditions” of employment.

There is one exception to this reinstatement rule. It does not apply to employees who are among the highest-paid 10% of an employer’s work force.

If an employee who is on leave decides voluntarily not to return to work, an employer can charge the employee for the amount of the insurance premium(s) that the employer has paid for that employee’s health coverage during his leave.

If an employee on leave is unable to return to work after his period of leave concludes, an employer may not charge the employee for these insurance premiums.

Arrangements for Leave

In general, employees must give at least 30 days notice of a request to take family or medical leave. The law provides for exceptions to this rule, however, in cases of emergencies.

For requests for leave in connection with births, adoption and foster care placements, employers can clearly expect employees to give at least 30 days notice. This applies unless the employees can show extraordinary circumstances surrounding the event of birth, adoption or foster care placement.

For requests for leave in connection with a serious medical condition, employers can also expect employees to give 30 days notice. This applies unless, of course, the employee can show that the condition and/or treatment necessitating leave came to his attention less than 30 days from the time leave is being requested.
In cases in which employees cannot give 30 days notice of a request for a leave, employers have the right to require that employees make such requests as far in advance as possible.

Providing Proof

In connection with medical leaves, the employer can request written verification from a health care provider regarding the following:

• The severity of the illness or condition necessitating leave;

• The need for the employee’s assistance (if the leave is being requested to care for a family member).

• The inability of the employee to perform his job functions (if leave is being requested due to the employee’s own medical condition).

Summary

There is lots of information on FMLA available at dol.gov/whd/fmla – the U.S. Department of Labor’s website.
Exactly 20 years ago America finally joined the list of industrialized nations that allow unpaid leaves from work for family emergencies, while at the same time affording workers certain protections. Like the minimum wage law, the Social Security Act, the Civil Rights Act, Medicare and Medicaid, the Family and Medical Leave Act was passed by Congress in large part because of strong lobbying efforts by labor unions and their members. Since its enactment, many studies, including several large ones conducted by government agencies, have shown that FMLA has provided numerous employees with quality family time while having a minimal financial effect on employers. Studies have also shown that FMLA improves productivity in the workplace. The results of these studies are ironic, considering that the first President Bush vetoed FMLA twice because Republicans claimed it would create undue financial burdens on employers and cause havoc in the workplace. In truth it has caused neither of these problems. Instead, it has allowed millions of American working families to have time together on occasions when they especially need it.