FMLA: A 30-year celebration (and a call to Congress for paid family and medical leave)

The U.S. Department of Labor marked the 30^th anniversary of the Family and Medical Leave Act with a renewed commitment to its principles.

“The Family and Medical Leave Act changed the lives of millions of American workers and their families,” Labor Secretary Marty Walsh said. “Since its 1993 passage, many workers no longer have to choose between their job and their health and well-being, and that of their families. And while we celebrate this landmark achievement, we know more still needs to be done to make sure workers can freely exercise their rights to job-protected leave and that they are protected if an employer denies those rights.”

The FMLA protects the rights of eligible employees of covered employers to take 12 weeks of unpaid, job-protected leave for specified family and medical reasons and remain covered by their group health insurance. The law is a cornerstone in the department’s effort to promote work-life balance and has helped many working families balance the demands of their jobs and care for themselves and their families.

Since 1993, the department’s Wage and Hour Division has helped thousands of workers who have been denied leave, unjustly terminated or lost health-care coverage during leave. In addition to remedies including job and benefits restoration, the division has recovered more than $63 million in back wages for affected workers.

However, the legislation left out millions of workers, including part-time employees and those who work at small businesses. Many of the bill’s gaps still exist, and there remains no paid leave program at the federal level.

Paid leave policies across the states

There has been some progress, however. In the years since the passage of the FMLA, 13 states and Washington, DC, have approved their own paid leave policies, and some states have also offered more extensive unpaid leave options. A higher proportion of workers than in 1993 also now have paid leave through their employers, and research from Health Affairs and the Institute for Women’s Policy Research has found that such programs have improved children’s health outcomes and boosted women’s retention in the workforce.

Related: Are your employee leave policies compliant with state and federal laws?

Lawmakers still are pushing to advance a comprehensive federal bill on the issue, although the current state of divided government means it may be difficult to accomplish. Last year, Congress failed to approve paid family and sick leave.

The department marked the anniversary with an event at its Washington headquarters and is planning stakeholder events, interagency outreach and collaboration. A dedicated webpage (www.dol.gov/agencies/whd/fmla/fmla30) features new and updated resources.