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Fact Sheet #108-2-05
The Family and Medical Leave Act (FMLA) has benefited more than 40 million Americans since President Clinton signed this legislation into law in 1993. Under the FMLA, private employers and state agencies with 50 or more employees are required to provide up to 12 weeks a year of job-protected unpaid leave to a worker to care for a newborn or newly adopted child, or a seriously ill family member, or to recover from the worker's own serious medical condition. Workers are entitled to take all 12 weeks of unpaid leave at one time, or they may take intermittent leave in the smallest unit of time that their employer already allows for absences. According to recent data, 52 percent of workers who have taken unpaid time off under the FMLA have taken that time off to care for their own serious illness; 26 percent have taken time off to care for a new child or for maternity disability reasons; 13 percent have taken time off to care for a seriously ill parent; 12 percent have taken time off to care for a seriously ill child; and 6 percent have taken time off to care for a seriously ill spouse. CWA strongly supports expanding coverage of the FMLA so that it provides protection to more workers. Opponents of the law, however, are determined to diminish the benefits that this landmark law confers. Attack on the FMLAThe business lobby is urging the passage of legislation that would cripple the Family and Medical Leave Act. This bill is entitled the Family and Medical Leave Clarification Act. The Senate version of the bill is numbered S.320. It was introduced by Senator Judd Gregg (R-NH), the Chairman of the Senate Committee on Health, Education, Labor and Pensions. The House version of the bill is numbered H.R.35. It was introduced by Congresswoman Judy Biggert (R-IL). CWA is concerned that supporters of this misguided measure will seek to advance it before this Congress adjourns. S.320/H.R.35 would harm the FMLA by excluding from the definition of a serious health condition" short-term illnesses, injuries or impairments. If this change were to become law, workers with chronic but serious health problems, such as life-threatening asthma attacks, diabetes or crippling arthritis, would be denied their right to take intermittent leave under the FMLA. In addition, the bill would restrict workers' ability to take intermittent leave by allowing employers to require that intermittent leave be taken in minimum blocks of four hours, no matter how short the actual leave taken is. Of particular concern, S.320/H.R.35 would authorize employers to force workers to choose between taking job-protected but unpaid leave under the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave policy. As a result, many workers would have to take paid leave first, effectively forfeiting their FMLA protections and becoming more vulnerable to dismissal. Improving the Family and Medical Leave ActAlthough the Family and Medical Leave Act has helped many Americans, too many workers continue to have to choose between job and family. Almost 41 million workers - - more than 40 percent of the private sector workforce - - are not covered by the FMLA. According to a study issued by the Department of Labor in 2001, 78 percent of workers who needed leave but did not take it said that they could not afford to take it. If the Bush Administration can propose sending a manned mission to Mars, it should give earth-bound American workers the tools that they need to be both responsible parents and responsible employees! To strengthen the Family and Medical Leave Act, CWA strongly supports the Family and Medical Leave Expansion Act, S.304, introduced by Senator Chris Dodd (D-CN). This bill would expand coverage of the Family and Medical Leave Act to all private sector work sites with 25 or more employees within a 75-mile radius. By changing coverage under the FMLA to employers with 25 or more workers from the current level of 50 or more workers, S.304 would enable nearly an additional 15 million American workers to be eligible for family and medical leave. In addition, S.304 would enlarge the scope of coverage under the FMLA to include leave for individuals to care for themselves, a daughter, a son or a parent who was victimized by domestic violence. Also, S.304 would allow workers to use a total of 24 hours during any 12-month period to participate in a school activity of a son or daughter, such as parent-teacher conferences, or to take part in a family literacy program. Most recently, Congresswoman Lynn Woolsey (D-CA) introduced a major new bill to strengthen the Family and Medical Leave Act. This bill is entitled the Family and Work Balancing Act of 2004 and is numbered H.R.3780. H.R. 3780 would assist working families by providing paid leave for new parents, school events and family emergencies. The bill would also enhance the quality and availability of child care, school nutrition programs and after-school care. The Family and Work Balancing Act would establish voluntary, universal pre-kindergarten programs for children from age three through age five. It would make breakfast at school available to all children who want it and provide dinner for children in after-school programs whose parents are working late. This would apply to students from kindergarten through high school. H.R.3780 would truly leave no child behind. Enactment of S.304, the Family and Medical Leave Expansion Act, and H.R.3780, the Family and Work Balancing Act, would promote a more compassionate America. These bills would relieve millions of uncovered workers from having to make the wretched choice between work and family. The legislation would permit workers to be both responsible parents and reliable employees. CWA strongly supports passage of these much-needed measures that would enable employees to achieve better harmony between their work duties and their family responsibilities. For further information, contact:
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