On Feb. 5, 1993, the
federal Family and Medical Leave Act (FMLA) was signed into law, providing eligible
employees with unpaid job-protected leave to care for a newborn or adopted
baby, assist a seriously ill parent, or get better themselves. Millions of
Americans have used this leave since the law’s enactment. Now, more than a
decade later, a fundamental change could be in the works as the result of a new
paid FMLA leave proposal Congress will consider this year.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
Paid FMLA Leave Coming?
Senator Chris Dodd (D-CT)
recently announced that he will introduce legislation to expand FMLA to require
paid leave. The FMLA, as it currently stands, requires employers with 50 or
more employees to provide up to 12 weeks of unpaid leave for a variety of
reasons, including the employee’s need for time off because of his or her own
serious health condition, to care for a family member with a serious health
condition, or for the birth or adoption of a child. Dodd was a principal author
of the FMLA back in 1993.
Dodd’s proposal would
provide for at least six weeks of paid FMLA leave. The program’s costs would be
shared by employers, the employee, and the government. Dodd’s measure, which
Sen. Ted Stevens (R-AK) will co-sponsor, would also expand the number of
individuals eligible for FMLA leave.
The announcement
coincided with the release of the Work, Family and Equity Index from
researchers at Harvard and McGill universities. That report indicates that the
lags well “behind other countries when it comes to family-oriented workplace policies
such as maternity leave and paid sick days.” Pointing to the report, Dodd
stated: “This report validates what millions of working Americans already know—that
the
does not do nearly enough to ensure that our workers aren’t forced to choose
between their family and their job…No worker should be penalized for caring for
their family.”
We’ll keep you posted on the status of this proposal.