Family & Medical Leave Act of 1993
Domestic Policy Project
- Started off as the 'Woman's Legal Defense Fund'
- Wanted to create equal and fair time off for BOTH men and women because of equality in the workplace.
- Drafted by National Partnership
- Was introduced to Congress every year from 1984-1993
- President of FMLA during the time of getting it into law was Judith L. Lichtman
Recognizing the Problem
-Examples of conflicts:
- Pregnant women, or a family adopting
- A seriously ill child or family member
- The employee them self needs to recover from an illness or surgery
Termination of Employment
The problem in the workplace for when a woman would become pregnant, was that some employers were firing them, knowing they would need time off.
Maternity Leave All Over
The US is one of the only countries to not have paid maternity leave.
Paid Maternity Leave?
Employers were quick to fire women when they found out they were pregnant or asked to have paid maternity leave, some employers just couldn't afford it but others were just greedy.
Termination of Employment
Formulating the Policy
When the first draft of bill was finished, in 1984, Ronald Reagan was in office. The bill got shut down by Congress every year from 1984 to 1993 because if not having labor's support, so the National Partnership started advertising to other groups, such as AARP and the U.S. Catholic Conference. They rose awareness of the problem to get Congresses attention.
-Groups who supported the bill:
- Women; Business and Professional Women USA
- Parents and Children; National PTA, Children's Defense Fund
- workers and organized labor
- Service Employees International Union
- National Education Association
- United Steel Workers
- Seniors; National Senior Citizens Council
- Health professionals; American Academy of Pediatricians, the National Association of Social Workers, and the American Nurses Association
- religious organizations; Catholic Conference, the United Methodist Church and the Union of American Hebrew Congregations
Adopting the Policy
Implementing the Policy
- Public agencies, including State, local and Federal employers
- Private sector employers, who employ 50+ employees for a minimum of 20 work weeks in a year.
- School educators
- Must have worked for at least 12 months for that employer
- Have worked at least 1,250 hours during that 12 months
- Work at a location where at least 50 employees are employed
- To care for a newborn; the birth of a son or daughter
- To care for a newly placed child; the adoption of a son or daughter
- To care for an intermediate family member; a spouse, child, parent- but NOT "parent-in laws"; with a serious illness
- To recover from a serious illness or surgery yourself
** If your spouse works under the same employer as you, the 12 weeks is combined; meaning between the 2 of you, you will only get 12 weeks total for a maternity leave**
- Must give your employer a 30day notice to when you would like to take your leave- IF the leave is foreseeable.
- Notice as soon as possible if the leave is not foreseeable
- Enough information so the employer has an idea of why your taking leave, and if it qualifies.
- A notice approved by the Secretary of Labor; explaining rights and responsibilities of FMLA
- Any requirements for employee to make co-payments for maintaining group health insurance and the arrangement for making such payments
- Rights to job restoration upon return
- Employee's potential for reimbursement of health insurance premiums paid by the employer during the leave, if employee fails to return to work after taking FMLA
Evaluating the Policy
Sick time off
FMLA allows workers to take time off to recover from serious illnesses.
It also allows employees to take time off for maternity leave to care for their newly born child, or newly adopted child.
Take care of Family
Employees are able to take time off to care for a very ill child or even to take care of family elders who cannot care for themselves.
"Family & Medical Leave Act." Family & Medical Leave Act. Web. 14 Nov. 2014. <http://www.nationalpartnership.org/issues/work-family/fmla.html>.
"Purpose of FMLA." N.p., n.d. Web. 25 Nov. 2014. <http://www.dol.gov/whd/regs/compliance/1421.htm>.