The Family and Medical Leave Act is a federal law, which became effective on Aug. 5, 1993. It provides certain employees with up to 12 workweeks of unpaid, job-protected leave a year and requires group health benefits be maintained during the leave. The U.S. Department of Labor (DOL) has issued detailed regulations interpreting the FMLA. (AFSCME Guide to The Family and Medical Leave Act)
History of the FMLA Legislation:
Prior to 1993, the United States had no national family and medical leave legislation (although the Pregnancy Discrimination Act of 1979 did require firms that offered temporary disability programs to cover pregnancy like any other disability). Some employees had access to leave through union contracts, employer policies, or state statutes, but coverage provided under these provisions was rarely as comprehensive as coverage provided under the FMLA. Many employees had no family or medical leave coverage prior to the FMLA. The FMLA, which was passed by Congress and signed by President Clinton in February 1993 and went into effect in August 1993.
A number of changes to the FMLA have been proposed since the 1993 Act was implemented. Some changes that have been proposed include: lowering the establishment size threshold, so that employees at smaller establishments would be covered; allowing leave for different reasons, such as attending parent-teacher conferences at children’s schools; redefining "serious health condition," to ensure that leave is taken only for the most serious health problems; limiting the use of intermittent leave, to minimize the burden for employers. Although none of these changes to the FMLA have been enacted, in some instances, specific proposals have been advanced. In June 2000, the Department of Labor issued a rule permitting states to experiment with providing unemployment compensation to parents who take approved leave or who otherwise leave employment following the birth.........
