Monthly Archive for February, 2013

Debra Ness, President, National Partnership

Cross-posted from MomsRising.

This year marks the 20^th anniversary of the Family and Medical Leave Act (FMLA) – the nation’s first and only federal law that helps women and men meet their responsibilities at home and on the job. And even though the law has been a huge success, new data from the Department of Labor reveal that many people still aren’t familiar with the protection it offers. Nearly 60 percent of workers in the United States are covered by the FMLA, but 29 percent of them don’t know it.

Knowing your FMLA rights is important (below, we’ll let you know what they are!), but we also need to advocate for an expanded FMLA that applies to more workers in more situations and a national paid leave program that means more workers can afford to take the time away from their jobs that they need. No worker should have to choose between job and family.

So, in honor of the FMLA’s 20^th year, let’s go over the basics, and then share them with friends and family. The following is intended to be a general guide – not legal advice that applies to a particular situation. Always consult a lawyer or local legal aid clinic before taking legal action.

What is the Family and Medical Leave Act or “FMLA”?

The FMLA has been a federal law since 1993. It requires certain employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year to:

• Care for a newborn or newly adopted child (including foster children);
• Care for a seriously ill family member (defined as a spouse, child or parent);
• Recover from a serious illness (including pregnancy or childbirth);
• Care for an injured servicemember (up to 26 weeks); or deal with situations related to a family member’s deployment.

For the birth or placement of a child, the leave must be taken all at once unless your employer agrees to intermittent leave. When medically necessary, you can take leave intermittently without needing your employer’s permission.

Are you eligible for FMLA leave?

Generally, you are eligible for FMLA leave if you have been employed at your current job for at least one year and 1,250 hours AND you work at a business or public agency (including a school and state, local or federal employer) with 50 or more employees within a 75-mile radius.

What qualifies as a “serious health condition” under the FMLA?

There is no list of conditions that qualify for FMLA leave. Instead, a serious health condition is defined by its effect. It must involve either inpatient care at a hospital or medical facility, or continuing treatment by a health care provider. “Continuing treatment by a health care provider” covers many situations including:

• Pregnancy or prenatal care;

• Chronic conditions that extend over a long period of time and require periodic visits to a health care provider (e.g., asthma, diabetes);
• A permanent, long-term condition for which treatment may be ineffective (e.g., Alzheimer’s, a severe stroke, terminal cancer);
• Restorative surgery or treatment for a condition which, if left untreated, would likely result in a period of incapacity of more than three days (e.g., chemotherapy or radiation treatments for cancer, dialysis); or
• Any health condition that causes a period of three consecutive days of incapacity and is accompanied by at least two visits to a health care provider or one visit and continued monitoring by the health care provider.

What about state laws regarding family and medical leave?

The FMLA sets forth the minimum standards to which employers must comply. Some states have laws that offer greater protection for employees. To find out more about whether or not your state has greater protections, visit www.NationalPartnership.org/ExpectingBetter.

Am I entitled to paid leave under the FMLA? 

No, the FMLA requires only unpaid leave. You may be entitled to paid leave under your employer’s short-term disability program. You may also be able to – or have to – use your sick time or vacation time while you are on FMLA leave.

Five states – California, Hawaii, New Jersey, New York, and Rhode Island – and Puerto Rico have Temporary Disability Insurance (TDI) programs that provide some pay when a worker has a serious health condition, including pregnancy. California and New Jersey have paid family leave insurance programs that disburse payments from an employee-paid insurance fund when workers need time off to care for a family member or to bond with a new child.

The FMLA means that people can take the time they need when serious medical needs arise – without having to worry about losing their jobs or their health insurance. Unfortunately, 40 percent of the workforce is not eligible for it, and many more cannot afford to take unpaid leave. That is why Congress needs to expand the FMLA to make leave available to more people for more reasons and to establish a national paid leave insurance program, so that workers don’t have to sacrifice their financial security when they need time away from work.

For a more detailed FAQ on the FMLA and the protection it provides, along with more information on proposals to address the law’s gaps and establish a paid leave program, visit www.NationalPartnership.org/FMLA.

Debra Ness, President, National Partnership

Cross-posted from Working Mother.

Tuesday, February 5, marks exactly 20 years since the Family and Medical Leave Act (FMLA) was signed into law. The nation’s first and only federal law designed to help families manage their responsibilities at work and at home, it was a historic and groundbreaking event.

Since then, millions of people have been able to take unpaid leave to care for themselves, their new children and their family members without having to worry that their jobs would be gone when they returned. Fathers and mothers have taken time to care for new children. Expecting mothers have taken time to care for themselves and seek medical help during complicated pregnancies. Adult children have taken time to care for ailing parents. Nearly everyone has, or knows someone who has, benefited from the FMLA.

This shared experience is a testament to the FMLA’s success—and that is why this anniversary is a time to celebrate. The FMLA has had a tremendous impact on our nation’s families and workplace culture. And the fact that it has been used more than 100 million times is evidence of the continuing, urgent need for supportive public policies.

This anniversary is also a moment to recommit to an America in which family comes first. The FMLA was meant to be a first step toward a nation in which all working people can have children, recover from illness and care for seriously ill loved ones without threatening their jobs or economic security. Sadly, in 20 years, our nation has failed to take another step.

As the organization that drafted and led the fight for the FMLA, the National Partnership continues to push for improvements. We are also pressing for a national paid family and medical leave program that would prevent workers from having to sacrifice precious income when serious medical needs arise or children are born or join families. We were proud to join with Working Mother last year to galvanize support for that effort. (You can still sign the petition for paid parental leave here.)

Advancing common sense measures like these, which help working mothers and their families and have overwhelming public support, must be a priority for Congress and the administration, this anniversary year and beyond. Let’s not wait another 20 years before making America more family friendly. The time for action is now. Let’s take the next step toward the America working families need.