Recent Legislation
On January 28, 2008, President George W. Bush amended the FMLA when he signed into law H.R. 4986, the National Defense Authorization Act for FY 2008. Under the new amendment, an eligible employee may take up to 26 weeks of leave in a 12-month period 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, or therapy or who is on the temporary disability retired list because of a serious injury or illness. Additionally, employees may take FMLA leave for “any qualifying exigency” that results from having a spouse, child, or parent on active duty in the Armed Forces. Currently, these “exigencies” have not been determined by the Secretary of Labor, so employers are encouraged to provide this type of leave to qualifying employees on good faith.1
Related Legislation
Legislation mandating paid sick days for individuals has been introduced in both the House and the Senate several times. Most recently, on March 15, 2007, Senator Ted Kennedy (D-Ma) and Congresswoman Rosa DeLauro (D-CT) introduced the Healthy Families Act (S.910, H.R. 1902), requiring employers to provide seven paid sick days a year to employees working 30 hours or more each week. Part-time employees would receive a pro-rated number of paid sick days. The legislation would apply to the federal and state government and to private sector employers who have 15 or more employees.
The paid leave would cover time off due to the: (1) illness, injury, or medical condition of the employee; (2) need for professional medical care; and (3) need to care for a child, parent, spouse, or other individual related by blood or affinity whose relationship with the employee is equivalent to a family relationship.
The legislation also would mandate timeframes for employees to request leave and permits an employer to support their request for leave with medical documentation. The Secretary of Labor would enforce the legislation, and employees who believe their right to paid leave has been violated may sue their employers in federal or state court.2
AAUW supports the Healthy Families Act and encourages you to urge your senators to cosponsor this important legislation.
Return to the Family and Medical Leave Act Resource Page
1 “The Family and Medical Leave Act and National Defense Authorization Act for FY 2008.” U.S. Department of Labor. n.d., http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm (18 March 2008).
2 GovTrack.us. S. 910--110th Congress (2007): Healthy Families Act, GovTrack.us. http://www.govtrack.us/congress/bill.xpd?bill=s110-910 (19 March 2008).
