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
Even though the bill mandates unpaid leave, it is still costly for businesses….the costs of offering 12 weeks of maternity and infant-care leave and providing health insurance during the absence could run as much as $7.9 billion per year--costs which would be paid by consumers in the form of higher prices, a damaged economy, and a loss of jobs…Furthermore, America faces its stiffest economic competition in history. If our Nation's employers are to succeed in an increasingly complex and competitive global marketplace, they must have the flexibility to meet this challenge. It is vital that we do not mandate Federal policies which stifle the creation of new jobs or result in the elimination of existing jobs.
[John] Motley [of the NFIB] warned that business owners should not be fooled by small-business exemption [in the FMLA]. ‘That’s only temporary,’ he assured them, adding that he sponsors ‘stated aim’ was ‘paid leave for all employees.’
[The Democratic Party] don't get that the ability of American businesses to create jobs is directly related to the burden government places on their backs. They don't get that mandating family and medical leave is just one more burden added…. Mandating that business pick up the tab for these benefits allows them to advance their agendas without spending Federal dollars.
We can fix it for you. We fix everything in Washington. We raise your taxes, we raise the deficit, we have more regulations, so we can give you more mandates and tell your employer what to do in Topeka, KS, or wherever it may be in America…. Well, Mr. President, this is one of those cases where Washington does not know best….The real world impact of this well-intentioned legislation--this mandate--is that employers will revisit those projections and budgets and cut back on something else, including creating new jobs at the very time that we need new jobs.
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.
