Signed into law in 1993, the Family and Medical Leave Act (FMLA) was viewed by many as a beacon of economic security and family integrity. Almost 62% of Pennsylvania’s workforce was directly affected by the FMLA.
The FMLA permits certain employees to take up to 12 weeks of unpaid leave a year to recover from a serious health condition; care for a newborn or newly adopted child; or care for seriously ill family members. The 12-week period is a federally set minimum; a union contract, the American with Disabilities Act or state law can extend the period.
To be governed by the FMLA, an employer must have 50 or more employees each work day over at least 20 weeks per year. An eligible employee must be employed by a covered employer and work from a job site in which at least 50 employees work within 75 miles. Also, the employee must have worked for the employer for at least 12 months for a minimum of 1,250 hours.
Although the FMLA does not require employers to compensate employees on leave, employees with accrued annual or sick leave may demand such time be used during the leave. Furthermore, upon returning from leave, the employee should be restored to the same or equivalent job. An “equivalent” job is one in which the pay, benefits and responsibilities are comparable to those held by the employee prior to the leave.
All employers subject to the FMLA must post a notice about the leave in an employee-accessible location; failure to meet this requirement may result in fines. Furthermore, such employers must inform employees on leave about any medical or other certifications applying to the specific leave.
Since enactment, the FMLA has sparked numerous lawsuits. Most notable are cases in which the returning employee fails to accept an “equivalent” job (often to the employee’s detriment). As the wrinkles in the legislation are ironed out, employees continue to manage family and career with a little help from the government.
– Leslie Heffernen