How Did the Family Medical Leave Act Originate?
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Introduction
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In February 1993, less than a month after taking office, President Clinton signed into law the Family and Medical Leave Act. FMLA guarantees eligible employees up to 12 weeks of unpaid leave for the birth or adoption of a child, or to care of a sick relative. The law also required companies to restore employees to their previous positions upon returning to work and to maintain employee benefits. The law's passage in 1993 ended a nearly 10-year battle that began with a court decision and was followed by years of lobbying and legislative wrangling.
A Movement Begins
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In 1984, a federal court struck down a California law that required employers to provide maternity leave for female employees. The court overturned the law on grounds of gender discrimination. This fueled a drive for a national, gender-neutral law that would protect workers with family or medical issues. The Women's Legal Defense Fund spearheaded a group that became known as the Family and Medical Leave Coalition. Initially made up of feminist groups, the coalition broadened to include labor unions, religious interests and civil rights groups.
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Family and Medical Leave Stalls
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Family and Medical Leave legislation was introduced in Congress every year, starting in 1984, but stalled. Business interests led by the U.S. Chamber of Commerce mounted a well-funded campaign against such legislation, claiming it would be too costly for businesses and would open the door to future government interference in business decisions. Some conservative groups also feared that the legislation would undermine the traditional family by encouraging more women to enter the work force.
Becoming Law
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Over time, however, Family and Medical Leave legislation gained support in Congress. In 1991, Congress passed the first Family and Medical Leave Act, but President George H.W. Bush vetoed the bill, claiming it would unfairly burden businesses. The Senate voted to override the veto, but the House fell short of the two-thirds majority needed for an override. The vote for the legislation and override fell largely along party lines, with more than 80 percent of Democrats favoring the bill and more than 75 percent of Republicans opposing it. Congress passed the bill again in 1992, but Bush vetoed the measure a second time. The veto made the Family and Medical Leave Act a symbol of the difference between the two parties in the 1992 presidential campaign. Democratic nominee Bill Clinton promised to sign the bill if elected president, a promise he made good on shortly after taking office in January 1993.
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