Family Medical Leave Act
The Family and Medical Leave Act (FMLA) gives employees twelve weeks off for a worker’s own serious health condition, to bond with a new child, or to care for a seriously ill child, spouse or parent. The FMLA guarantees unpaid job-protected leave, including the maintenance of seniority and benefits and continuation of group health insurance coverage. The worker must be returned to the same or equivalent job at the end of their leave. The FMLA applies to all public sector employees and to private sector employees in businesses of 50 or more workers within a 75-mile radius. Additionally, employees must work for their employer for at least 12 months and have worked at least 1,250 hours in the year preceding the leave.
Commentary
Chamber of Commerce Was Wrong About Family and Medical Leave Law
Cry Wolf Quotes
We must also recognize that mandated benefits may limit the ability of some employers to provide other benefits of importance to their employees. The number of innovative benefit plans will continue to grow as employers endeavor to attract and keep skilled workers. Mandated benefits raise the risk of stifling the development of such innovative benefit plans.
[The FMLA] is an unprecedented, inflexible, Government-mandated employee benefit that will strangle both individual and employer flexibility in addressing workplace needs….Government mandates…do not contribute to economic recovery and growth. Resources spent to comply with Federal mandates cannot be spent to create jobs. These mandatory costs on business are not good for the economy as a whole. Employers must be free of the same kind of rigidities that have plagued the economies of many nations in Europe.
On that family leave bill, I think that it would impose a burden upon businesses, including small businesses.... You would be telling businesses, through that act, that they are required to bring temporaries in, go through a training cycle, and lose the continuity that is so important to making a business function well. It has the effect of making it more expensive for them to do business. More expensive per employee, more expensive per job. The business can only defend itself by offering fewer jobs. That's the only way they can pay for it. It is a job killer….It makes it more expensive to hire people, so businesses say we won't hire people.
It's just a bad piece of legislation…This continuous tendency to try to mandate benefit policy creates a bad business environment for Tennessee and the U.S. as a whole…[benefits] should be left up to the employers and employees to determine.
Evidence
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A Workable Balance: Report to Congress on Family and Medical Leave Policies
A tenth anniversary study of the Family Medical Leave Act's effects.
