Family Medical LeaveFebruary 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 spouse, child and parent, or
a spouse, child and parent who is disabled
The FMLA has been made available to other individuals or organizations with the authority to make determinations regarding the workweek. Employers and members of government bodies who do not have legislative jurisdiction over the FMLA are authorized to use and enforce the document to provide for the employment of employees or to provide assistance or benefits to employees of the federal government who are sick or disabled, as defined by regulations, regulations or laws of the United States. Some employers and employees may require more leave, subject to certain limitations or exclusions, in order to provide employees or group health insurance coverage. Employers may have to provide employees with extra time because of illness, to meet long-list of conditions, or to provide some other work that is unrelated to health care. Some groups and/or groups or employers may not pay vacation or health insurance for a year, or only for one full calendar year of the employee’s work. Employees may, but are not entitled to, travel during the first 2 years and will not be eligible for vacation or health insurance through federal pay. Employees should take necessary time to be eligible for the FMLA, if they can speak English. As the individual with the FMLA left the workplace and had work-related health conditions before the FMLA was taken out, it is assumed that, at some point, the individual left the workplace to take his or her own life (rather than the employer requesting it), and the individual took time to come to terms with his or her own health risk. The workweek of a worker with the FMLA is a long-term job of caring for his or her family, and the employer has no right to withhold leave for a specific period of time. Employees who have spent time and money in the United States with the FMLA may work longer hours for less pay, such as part-time hours or part-time or unpaid holiday time, which may be counted against their FMLA time, but not against FMLA benefits.
While it’s possible that employees with employer-sponsored healthcare plans might lose their FMLV status for not working and leave as a result, it’s likely that the individual with health insurance would be entitled to a temporary plan and that a worker who was not with their plan would continue to work but would have to take time away from their usual job to care for his or her family. (See the second paragraph above under “Eligible Employees.”)
Employers can offer a benefit to employees who fall below the FMLA and may not require their employees with a health insurance plan to work beyond the 12-month requirement that they need to work that requirement. For example, an employee with employer
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.