Family Medical Leave

February 5th 2013 marked the 20th anniversary of Bill Clinton signing his first bill into law: the Family and Medical Leave Act also known as FMLA. “Clinton acknowledged the way that our families and workplaces have changed and the need for common sense work-family policies so that no one has to choose between being a good worker and a good family member.” (Glynn, 2013) After the FMLA was first drafted in 1984, a version of the legislation was introduced into Congress every year until it became a law in 1993. Initially there was no national policy dealing with maternity leave, only some state and employer specific programs, just as much as women; men also needed job-protected time off not only for when babies were born, but also for adoption and in times of family illness and personal illness. After many bills were dismissed for being sexist against men the idea of a broader leave that would meet not only the needs of new mothers, but address a wider range of work/family conflicts affecting both women and men was constructed.

Prior to the Family and Medical Leave Act if a worker fell ill, or needed time to care for a sick spouse or child, there was nothing to guarantee the worker would still have a job when they were ready to return to work. This would also be an even bigger issue if the company were providing health insurance for the individual or their family member. “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to 12 workweeks of leave in a 12-month period for:

◦ the birth of a child and to care for the newborn child within one year of birth;

◦ the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;

◦ to care for the employee’s spouse, child, or parent who has a serious health condition;

◦ a serious health condition that makes the employee unable to perform the essential functions of his or her job;

◦ any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave). ("Wage and hour," 2013)”

According to FMLA, spouse is defined as a husband or wife as defined by or acknowledged by state law, which could vary depending on the states law of common law or domestic partnerships.