Employees, families, and businesses benefit from workplaces that allow employees to balance their personal obligations and job responsibilities. Employees receive increased job security and a consistent income, family members receive the care they need, and businesses are able to reduce staff turnover, which can lower recruitment and training costs as well as improve workers’ productivity.
While individual businesses and state legislatures can develop their own leave policies, the groundbreaking Family and Medical Leave Act of 1993 (FMLA) requires that at minimum, certain businesses allow their eligible employees to take unpaid time off from work for medical reasons or to fulfill certain family obligations.
To qualify as an employee covered by FMLA, one must:
- work for an organization with 50 or more employees within a 75 mile radius of the worksite,
- have worked for the organization for at least one year, and
- have worked for 1,250 hours at the organization in the previous 12 months.
Qualified employees can take up to 12 weeks of unpaid leave each year in order to:
- care for a new baby or a recently adopted child,
- tend to a seriously ill family member (spouse, child, or parent), or
- overcome their own serious health problems.
As of January 28, 2008, the Act also permits eligible employees to take up to 26 weeks of leave to care for a spouse, child, parent, or next of kin who is a member of the Armed Forces and is undergoing medical treatment, recuperation, therapy, is in outpatient care, or is on the temporary disability retired list due to a serious injury or illness.
Over fifty million employees have taken leave under FMLA and the impact on businesses has been primarily neutral or positive. However, the law has many limitations, such as excluding about forty percent of employees from qualifying for leave and preventing many qualified employees from taking leave because they cannot afford it.
The AAUW Legal Advocacy Fund is committed to advocating for paid family and medical leave for all employees. We offer the following information and resources for all concerned about family and medical leave.
- Brief Background
A short overview about the passage of FMLA.
- Rights and Enforcement
Learn about employee rights under FMLA, employer posting requirements, and how FMLA is enforced.
- Recent and Related Legislation
The National Defense Authorization Act for FY 2008 amends the original FMLA. The Healthy Families Act, most recently introduced in March 2007, aims to expand current FMLA coverage in several ways.
- Frequently Asked Questions
Answers to frequently asked questions about FMLA.
- Facts and Statistics
Who takes leave under the FMLA? How has FMLA impacted employees and employers? How does the U.S. leave policy compare with the policies of other countries?
- Resources
Additional sources for individuals who want to learn more about the FMLA and if they qualify to take leave under it
Still need help?
If you have any questions, would like to learn more, or would like to make a contribution to LAF, send an e-mail to laf@aauw.org or call 202/785-7750.
