This file was prepared for electronic distribution by the inforM staff. Questions or comments should be directed to inform-editor@umail.umd.edu. FACTS ON WORKING WOMEN U.S. Department of Labor Women's Bureau No. 93-1 March 1993 THE FAMILY AND MEDICAL LEAVE ACT OF 1993 Over the past 25 years the American family and work force have undergone dramatic changes. First, economic necessity and changing cultural standards have resulted in large numbers of women entering the work force. Second, the rising cost of living has made two incomes a necessity in many areas of this country. Also, the number of single-parent families is rapidly growing. Finally, with America's aging population, more workers are finding the need to take time off from work to attend to the medical needs of elderly parents. With these new demands comes a growing conflict, forcing many to choose between job security and family responsibilities. The landmark Family and Medical Leave Act of 1993, signed into law on February 5, 1993, provides the American worker with a right to take unpaid job-protected leave for meeting family health needs and for the worker's own illness. Employee Rights * Public and private sector employees who have been employed by the employer for one year and worked at least 1,250 hours can take up to 12 weeks of unpaid leave in any 12-month period for: the birth or adoption of a child; acquiring a foster child; the serious illness of a child, spouse, or parent; and, the serious illness of the employee. * The right to take leave applies equally to male and female workers who are employed at or within 75 miles of the work place by an employer of 50 or more workers. * Leave can be taken intermittently or on a schedule that reduces the usual number of hours per workday or workweek to care for the illness of a child, spouse, or parent, or because of the employee's illness. Intermittent or reduced leave schedules because of the birth of a child, adoption, or foster care are subject to employer approval. Such reduced or intermittent leave schedule does not result in a reduction in the total amount of leave to which the employee is entitled. Thus, an employee who takes 4 hours leave has utilized only 4 hours of the 12 weeks of leave to which the employee is entitled. * An employee may elect or an employer may require the employee to substitute categories of paid leave for any part of the 12- week period. * The employer maintains any pre-existing health insurance for the duration of the lave and at the level and under the same conditions coverage was provided prior to commencement of the leave. * The employee must be restored to the original or an equivalent position with equivalent benefits, pay, and all other terms and conditions of employment. Other Requirements * When husband and wife work for the same employer, the total amount of leave that they may take is limited to 12 weeks if they are taking leave for the birth or adoption of a child or to care for a sick parent. * An employer may require certification from a health care provider to support a claim for leave. * When the need for leave is foreseeable, an employee is required to provide at least 30 days advance notice. * Similar requirements of the law are provided for Federal and Congressional personnel. * A new Commission on Leave will conduct a comprehensive study of existing and proposed leave policies, the potential costs, benefits, and impact on productivity, and report its findings to Congress within 2 years of its first meeting. Exclusions * The law excludes any person employed at a worksite with fewer than 50 employees, if the total number of persons employed by the employer within 75 miles of the worksite is fewer than 50. In aggregating the number of employees at the worksite and within the 75 mile radius, all employees of said employer, not just eligible employees, are to be counted. Where employees have no fixed worksite, as is the case for many construction workers, transportation workers, and salespersons, such employees' "worksite" should be construed to mean the single site of employment to which they are assigned as their home base. * An employer may deny job restoration to salaried employees who are among the highest paid 10 percent of the persons employed by the employer within 75 miles of the facility at which the employee works, if such denial is necessary to prevent substantial and grievous economic injury to the employer's operation. Relationship to State Laws and Employer Policies The Act does not supersede any State or local law, collective bargaining agreement, or employment benefit plan providing greater employee family leave rights, nor does it diminish the capacity to adopt more generous family leave policies. Enforcement * Employee rights are enforceable through civil actions. The Secretary of Labor is authorized to receive, investigate, and attempt to resolve complaints of violations and many bring an action against an employer in any Federal or State court of competent jurisdiction. Actions must be brought not later than 2 years after the date of the last event constituting the alleged violation, or within 3 years of the last event if the violation is willful. * Complaints about violations of the law are filed with the Department of Labor's Employment Standards Administration (ESA). Inquiries should be directed to local offices of the Wage and Hour Division, ESA. Effective Date * The law becomes effective on August 5, 1993, except for the establishment of the Commission on Leave, which is to take effect immediately. In cases where a collective bargaining agreement is in effect on the effective date, the law is to become effective upon termination of the agreement, but no later than 12 months after the enactment date of the law. The Women's Bureau A Voice for Working Women Since 1920 U.S. Government Printing Office: 1993 O - 348-384