The federal Family and Medical Leave Act of 1993 is “a big deal,” observes Anne Ladky, executive director of Women Employed, a Chicago-based national advocacy organization for women’s economic advancement. “It ranks with Title 7 of the U.S. Civil Rights Act of the 1960s and the Pregnancy Discrimination Act of the 1970s.”
And I agree with Ladky, whose group worked long and hard for passage of the family leave act. “FMLA is among the most important laws affecting women and also is of substantial importance to men,” she said.
The act, which covers businesses with 50 or more employees, mandates 12 weeks of unpaid leave for qualified employees for the birth or adoption of a child and when they or a family member are ill. Employers must continue health insurance and guarantee a job–protections of utmost importance–on return from leave.
And its utilization is on the increase.
“Surveys indicate that family and medical leave is becoming a more important part of the experience of employers and employees,” according to Jane Waldfogel, writing in the Monthly Labor Review. Waldfogel is associate professor of social work and public affairs at Columbia University School of Social Work in New York. Her findings are based on the Department of Labor’s surveys of employees and businesses in 2000.
“On the employer side, more establishments are offering family and medical leave policies, in many instances going beyond what is required by the FMLA,” she said. “Two-thirds of covered establishments are finding the act easy to administer and an even larger majority reports that the FMLA has had no adverse effects on their business.”
On the employee side, according to Waldfogel, “workers are using FMLA leave in increasing numbers, and the proportion of those who say they needed leave but were not able to take it is decreasing.”
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Research shows an increase in use of leave by men, particularly for the birth or adoption of a child, which is somewhat ironic in view of the fact that the act’s detractors claimed it would benefit only women. But Ladky’s not surprised about the increase. “It’s a positive thing,” she said. “We never intended FMLA to be a woman’s issue. It’s for all workers.”
There are no exact figures on how many workers have used FMLA since its inception, but the government study estimates that in one year alone, from 1999 to 2000, between 4.6 million and 6.1 million workers used FMLA for personal reasons.
But even more workers could benefit. According to Waldfogel, “Two problem areas are particularly pressing: provision for paid leave and extending coverage to workers at smaller establishments.”
Paid leave may be on hold because of a slumping economy. “States across the country are seeking solutions, among them utilization of unemployment compensation funds,” said Ladky “Right now, that might be difficult.”
And she’s not optimistic about ” lowering the floor of coverage right now to 25 employees from 50. However, Ladky observes it would give 13 million more working Americans access to federally guaranteed leave.
FMLA is accepted not just by workers but by corporations, not just because it’s law but also because of its positive affect on retention of qualified employees.
“I don’t find employers resisting it–in fact, they’re working hard to comply with it,” said Sue Benton-Powers, a partner at the law firm Winston & Strawn in Chicago, where she specializes in labor and employment law representing management.
But Benton-Powers doesn’t “see paid leave going anywhere, at least in the short term. It’s too burdensome for most employers. For the same reason, I don’t think reducing the number of employees required for company coverage is a good idea.”
However, the attorney, who has children ages 9, 13 and 16, adds that “personally and professionally, I think the FMLA is terrific.”
I agree.
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Carol Kleiman’s column also appears in Wednesday’s Working section and Sunday’s Business section. Watch her Career Coach segments Sunday and Tuesday mornings on CLTV. Send e-mail to [email protected].