How Did the Family and Medical Leave Act Begin?

Bound by the need to work.

If you are having a baby, have a serious health problem or have a family member to care for, the Family and Medical Leave Act (FMLA) is a labor law you should know about. It allows eligible employees to take up to 12 weeks of unpaid leave and guarantees your job upon return.

Pre-FMLA

Newborn with mother.

Before the creation of the Family and Medical Leave Act, medical leave was determined at the sole discretion of employers. Employees who were sick could not take off more than a week of work without losing their jobs. Women generally lost their job if they took off four weeks or more after having a baby. Some employers did not give adoptive parents any leave to adjust to their family addition, and family members who had seriously ill relatives routinely had to choose between losing their jobs and caring for family. The result of these pressures often forced employees back to work before they were healthy enough to return and limited career prospects.

Key Proponents of the FMLA

New parent bonding with baby.

In his 1992 presidential campaign, Bill Clinton touted the need for a change in the labor law to protect workers who were caring for family members. The Family and Medical Leave Act was one of the first pieces of legislation proposed by his administration, and he made passage of this act a legislative priority.

Creation of FMLA

In home health care.

President Bill Clinton signed the Family and Medical Leave Act into law on Feb. 5, 1993; it took effect on Aug. 5 that year. The FMLA is a labor law that allows eligible employees to take up to 12 weeks of unpaid leave in a given 12-month period. After the leave, the employer must return the employee to the same job or a job that is equivalent in pay, working condition and status.

References

• Purdue University: Family and medical leave - Navigating the murky waters
• U.S. Department of Labor: The Family and Medical Leave Act of 1993
• Labor Law Center: History of FMLA