In Congress
There have been a number of bills introduced in the 111th Congress that would either expand the Family and Medical Leave Act (FMLA), require employers to provide paid leave, or otherwise focus on the issue of workplace flexibility. Click here to review legislation pending in the 111th Congress.
Family and Medical Leave Act
The National Coalition to Protect Family Leave supports the spirit and intent of the FMLA. Coalition members recognize the challenges employees face in balancing work and family demands and their desire to feel secure in their jobs, should they need to be absent for family or medical issues. We also understand the concerns of employers when administering the FMLA on a daily basis.
The Coalition has repeatedly urged the Department of Labor and Congress to strengthen the FMLA by clarifying the medical leave interpretations and other FMLA administrative complexities which are causing problems in the workplace. The Act’s implementing regulations should be clarified so that it works to the benefit of those employees who need it most. Furthermore, the Coalition believes that these issues need to be addressed before expansion of the Act or other leave mandates are considered.
Click here to review the Coalition issue brief on the Family and Medical Leave Act.
Healthy Families Act Fact Sheet
Healthy Families Act Issue Brief
2009 NCPFL Letter to Congress on the Healthy Families Act
Paid Leave
Rather than supporting employer efforts to provide flexible, voluntary leave benefits for their workforce, recent legislative initiatives have proposed various forms of mandated paid leave. This "one-size-fits-all" approach may actually cause more harm than good. Employers, not the federal government, are best situated to know the benefit and compensation needs of their employees. Moreover, the National Coalition to Protect Family Leave is concerned with the practical implementation of various mandated paid leave proposals.
The Coalition believes that paid leave programs offered voluntarily by employers more readily assist employees in accommodating work/life demands than "one-size-fits-all" mandates. Until the issues surrounding the application of the FMLA are resolved, it is premature to consider mandated paid leave proposals.
Click here to review the Coalition issue brief on paid leave.
Legislative Action
- On April 10, 2008, the U.S. House Education and Labor Subcommittee on Workforce Protections held a hearing on "The 15th Anniversary of the Family and Medical Leave Act: Achievements and Next Steps." To read the National Coalition to Protect Family Leave’s statement for the record, please click here. In testimony on behalf of the Society for Human Resource Management, Ms. Brenda Cossette, Human Resources Director for the City of Fergus Falls, Minnesota, highlighted HR professionals’ support for the Department of Labor’s proposal to update the FMLA regulations.
- On February 13, 2007, the Senate Health, Education, Labor and Pensions Committee held a hearing on "The Healthy Families Act: Safeguarding Americans' Livelihood, Families and Health with Paid Sick Days." Mr. G. Roger King, a partner with the Jones Day law firm, offered testimony highlighting the employer community’s concerns with the practical implications of requiring employers to provide paid sick. To read Mr. King’s testimony, click here.
- On April 17, 2007, the Senate Subcommittee on Employment and Workplace Safety held a hearing on domestic violence in the workplace. In her testimony on behalf of the Society for Human Resource Management, Ms. Sue K. Willman, a survivor of domestic violence and an employment attorney, outlined employer efforts to respond to workplace violence and highlighted some concerns with S. 1136, legislation that would require employers with 15 or more employees to provide 30 days of leave for employees to address issues relating to domestic violence. To read Ms. Willman’s testimony, click here.
- On May 16, 2007, during consideration of HR 1585, the National Defense Authorization Act for Fiscal Year 2008, Representatives Udall (D-NM) and Altmire (D-PA) offered an amendment to expand the Family and Medical Leave Act (FMLA) to provide leave for military families to deal with exigencies arising from a call to duty. The amendment was adopted by voice vote as part of an en bloc amendment offered by Chairman Skelton (D-MO). To read the National Coalition to Protect Family Leave’s letter opposing this expansion amendment, click here.
- On September 18, 2007, the House Education and Labor Subcommittee on Workforce Protections held a hearing on “The Family and Medical Leave Act: Extending Coverage to Families Left at Home.” The National Coalition to Protect Family Leave submitted testimony for the record. To review the Coalition’s testimony, click here. Since a number of the military leave proposals before Congress build upon leave requirements currently afforded workers under the FMLA, in testimony on behalf of the Society for Human Resource Management, Ms. Christine Vion-Gillespie, SPHR, explained the challenges HR professionals encounter with current FMLA rules.
- On January 28, 2008, President Bush signed into law the National Defense Authorization Act (P.L. 110-181) which included the first expansion of the Family and Medical Leave Act (FMLA). The National Defense Authorization Act (NDAA) expands FMLA-qualified events to include employees caring for an injured service member as well as for family members who have a close family member called to active duty. NDAA amends the FMLA in the following ways:
Caregiver Leave — This benefit provides 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating. Caregiver leave is effective as of January 28, 2008.
Active Duty Leave — This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being called to active duty or having been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation. Active duty leave may be taken for any “qualifying exigency” (subject to regulation) related to the call-up and the leave may commence as soon as an individual receives a call-up notice. Department of Labor guidance states that active duty leave is not effective until the agency issues final regulations.
- On February 13, 2008, the U.S. Senate Health, Education, Labor and Pensions Subcommittee on Children and Families held a hearing on “Writing the Next Chapter of the Family and Medical Leave Act – Building on a Fifteen Year History of Support for Workers.” To read the National Coalition to Protect Family Leave’s statement for the record, click here. In testimony on behalf of the Society for Human Resource Management, Ms. Kathryn Elliott, Assistant Director, Employee Relations at Central Michigan University, highlighted HR professionals’ experience implementing the FMLA. “After 15 years of experience administering FMLA leaves, I am confident this important statute is in need of targeted modifications to ensure that it serves the best interests of both employees and employers,” Elliott said.
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