History of the FMLA Act
The Family and Medical Leave Act was passed to protect employees from losing their jobs when they must take off from work for several weeks because they are sick or are having a baby. Previously, employers routinely fired an employee for needing to take more than a few weeks' sick leave, for taking more than four weeks off after having a baby or for taking time off to care for a sick or injured family member.
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History
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The Family and Medical Leave Act was signed into law by President Bill Clinton on August 5, 1993, shortly after the 103rd United States Congress passed it. This new labor law forced all employers with more than 50 employees to provide unpaid leave for up to 12 weeks per year to qualified workers. On January 28, 2008, President Bush signed into law the National Defense Authorization Act, which amended the original FMLA to include up to 26 weeks of leave for a spouse, child, parent or other family member to care for an injured member of the armed forces.
Significance
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Before the Family and Medical Leave Act passed, there were regular occurrences of workplace discrimination against female employees. Women who wanted to have a child as well as a career were not given any accommodation for the necessary time off to give birth and rear a newborn. This ensured that male employees or those females willing to sacrifice their desire for a family would have an advantage over other employees when it came to promotions, raises and overall advancement. Following the FMLA, every employee has had the right and the actual time to raise a family without giving up her chances for a successful career.
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Function
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The Family and Medical Leave Act is an unpaid federal mandate that requires employers of more than 50 workers to foot the bill on any costs associated with a qualifying unpaid leave by an employee. Leave must be approved for any worker that has worked at least 1,250 hours in the previous 12 months and needs to take leave for his own illness or injury, the illness or injury of a family member, the birth of a child or the placement of an adopted child. The employee must be restored to her previous position with the same benefits following the unpaid leave.
Types
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The Family and Medical Leave Act, which is sometimes referred to as the Family and Military Leave Act, has three main types of unpaid leave. The first is for any circumstances involving a new child, either born or adopted, coming into the family. The second is for some kind of illness or injury to either the employee or a member of the family. The third is for members of the armed forces who leave their job for deployment overseas or for a family member to take care of an injured member of the armed forces after he returns from overseas.
Benefits
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The Family and Medical Leave Act has been successful in providing a more cooperative work environment in which employees are confident that their employers will work with them in case of major life changes. This has limited the usual "us vs. them" mentality that is common in some workplaces.
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