Family and Medical Leave Act

Family and Medical Leave Act

The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical condition which makes him/her unable to carry out his/her job function. The employee has to provide legitimate certification stating the reason of the leave (e.g. doctor’s note). The law states that the employer does not have to pay the employee. Therefore, depending on the employer, the employee might or might not get paid. Some employers might require the employee to use up his/her vacation, sick or personal days. Others compensate the employee for the duration of absence, while some employers do not compensate at all. However, in all circumstances, the employee does not lose his/her position, benefits, pay and seniority in the company/organization. Also, during the time of leave, the employee is still protected under his/her health plan (DOL ).

There are many key issues that led Congress to enact and justify this law. First, the number of working parents in a single or two-parent household is increasing. Nowadays, usually both parents work in a two-parent household and the single parent works in a single-parent household. This law allows for the unity of the family structure. Another reason is that parents should be able to take some time off to spend with their newborn children. It is crucial that a baby be reared by his/her own parents so that the child can have a proper development. Also, if there is an ill family member, the employee should have a right to take time off to care for that ill member. One important issue was that people should not be forced to choose between their family or their job. A family is something very precious and should not be given up for anything. However, to provide for the family one needs to have a job to have income. One should not have to pick one or the other. This law allows