FMLA Reaches 30-Year Milestone

By Sally Weldin, Sr. Human Resource Specialist
Published February 7, 2023

The Family and Medical Leave Act (FMLA) is 30 years old this month. 

The Act was originally drafted by the Women’s Legal Defense Fund in 1984 and its intent was “to balance the demands of the workplace with the needs of families.” The Act was introduced in Congress every year from 1984 to 1993. In 1993, there was bipartisan support to pass the Act and President Bill Clinton signed it on February 5, 1993. 

FMLA allows eligible employees to take up to 12 work weeks of unpaid leave during a 12-month period. To be eligible for leave, an employee must have been employed for 12 months (non-consecutively), worked at least 1,250 hours over the past 12 months, and work at a location where a business employs 50 or more employees within 75 miles.

Though FMLA regulations are complex and lengthy, employers should be aware of their coverage status under the law. 

Covered employers include:

• Private-sector employers, with 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers or successors in interest to a covered employer.
• Public agencies, including local, state, or federal government agencies, regardless of their number of employees.
• Public or private elementary or secondary schools, regardless of their number of employees.

Covered employees include those that:

• Work for a covered employer.
• Have worked for the covered employer for at least 12 months.
• Have worked for at least 1250 hours in the 12 months preceding the date the leave is to begin.
• Work at a location where the employer has at least 50 employees within a 75-mile radius.

Both the employer and the employee must meet the coverage tests for the employee to be eligible for FMLA.
The United States Department of Labor (USDOL) has developed several FMLA documentation forms for employers to communicate with employees on reason for leave, duration, benefits coverage, and return to work conditions.

HR Source members can download the latest FMLA forms in the Form & Sample Documents resource our website. They were redesigned and shortened when re-issued by the USDOL in 2020. These include the FMLA Eligibility and Rights and Responsibilities Notice, FMLA Certifications forms, and FMLA Designation Notice. 

Employers must provide the FMLA eligibility and designation forms within five business days of the initial leave request and the determination of qualification. Eligibility notification may be oral, but the Rights and Responsibilities Notice must be in writing. All FMLA forms should remain confidential and retained separately from the employee’s personnel file.

Employers must also post the FMLA poster for employees to view. Employers should provide this poster in other languages as applicable.

Employee leave remains an important issue, one that employers and employees must navigate on a regular basis. While there have been attempts to amend FMLA to cover more employees by lowering the employee count threshold, none have succeeded. A recent proposed amendment would give eligible employees paid leave under the Act. 

For more information, employers may find the USDOL fact sheet on FMLA helpful.

HR Source members with questions can contact us through the HR Hotline online or at 800-448-4584.