Family And Medical Leave Act

History

The Family and Medical Leave Act of 1993 was enacted on February 5, 1993. It is one of the first major bills signed by President Bill Clinton in his first term. The act was drafted by the National Partnership for Women and Families, a nonprofit, nonpartisan organization that uses public education and advocacy to allegedly promote fairness in the workplace, quality health care, and policies that help women meet the dual demands of work and family. Congress passed the Family and Medical Leave Act to help people who were stressed about trying to balance the competing demands of work and family.

Summary of the Law

FMLA mandates that covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: For the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.

The Law further defines "covered employers" to be any person engaged in commerce or in any industry or activity affecting commerce, and one who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employees are considered "eligible when they have worked for that employer for at least 12 months; and have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave. They must work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

Purpose of the Law

FMLA was established to give employees the opportunity to take unpaid leave for situations that arise which would require them to be away from work, such as those mentioned above. It was instituted to promote the stability and economic security of families, and to promote the national interests in preserving family integrity, and to promote the goal of equal employment opportunity for men and women.

Recordkeeping

Covered employers who have eligible employees must maintain records that must disclose basic payroll and identifying employee data, as well as the dates FMLA leave is taken by eligible employees. If FMLA leave is taken by eligible employees in increments of less than one full day, the hours of the leave. Copies of employee notices of leave furnished to the employer under FMLA, if in writing, and copies of all general and specific written notices given to employees must be retained. In addition, any documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leaves, as well as premium payments of employee benefits. In the case that there are any disagreements, records of any dispute between the employer and an eligible employee regarding designation of leave as FMLA leave, including any written statement from the employer or employee of the reasons for the designation and for the disagreement.

Violations

When violations have occurred, the employee has the option to file, or have another person file on his or her behalf, a complaint with the Secretary of Labor, either in person, mail or telephone. Another option would be to file a private lawsuit pursuant to section 107 of FMLA within 2 years of the last action that was in violation of the act

Enforcers of the law

The government bodies in charge of enforcing and ensuring compliance of the law are the U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, Department of Labor, Secretary of Labor

Unlawful Acts

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.

Liabilities

Potential liabilities for employers who have violated the law are that the employee may recover lost compensation and benefits, or any other actual monetary losses up to a sum equal to 12 weeks wages, and interest. An employee may receive equitable relief, such as reinstatement, promotion, or employment. An employee also may receive liquidated damages equal to the monetary damages, and reimbursement of costs, attorneys' fees and expert witness fees. It can be quite costly for employers involved.

Litigation and Controversy

Workers have sued employers under the FMLA in a number of contexts. Whether an employer retaliated against an employee for taking a FMLA leave, if the job given to an employee upon return from leave was an equivalent job, if an illness qualified as a "serious illness" under the FMLA, and