FMLA Not Really Working For Many Employees Labor organizations say the Family and Medical Leave Act is too restrictive and that workers often have to choose between their family and their livelihood. Now, there are calls for Congress to expand the law and provide paid leave.

FMLA Not Really Working For Many Employees

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It's MORNING EDITION from NPR News. I'm Steve Inskeep.


And I'm Renee Montagne. It was 20 years ago today that President Clinton signed the Family and Medical Leave Act. It meant that employees could take off up to 12 weeks of unpaid leave to care for a new baby or a family member with a serious illness.


MONTAGNE: Bill Clinton has since said that this is the law that, over the years, is most likely to get people to stop him in airports and thank him. But the law has huge gaps, gaps supporters had hoped to fill in over time. NPR's Jennifer Ludden reports that has not happened.

JENNIFER LUDDEN, BYLINE: If the Family and Medical Leave Act has meant nothing to you, you are far from alone.

ELLEN BRAVO: Half the workforce is still excluded from the FMLA.

LUDDEN: Ellen Bravo heads Family Values at Work. She says only those who work at least 25 hours a week are eligible, even as an ever growing share of jobs is part time.

BRAVO: Many people are copping together two or three part time jobs, none of which have enough hours to make them eligible for family and medical leave. So this is a disaster. We have to bring the rules in line with the realities of the workforce.

LUDDEN: Same sex partners? Not eligible. Need to care for a grandparent? They're not included. And, crucially, businesses with fewer than 50 people are exempt.

JEANNINE SATO: Well, I was shocked to find out that I wasn't eligible for FMLA.

LUDDEN: When she got pregnant, Jeannine Sato was a manager at a North Carolina non-profit that touted its family friendliness. But she was told to return to work after six weeks, or risk losing her job.

SATO: You know, I had a lot of issues with that. A difficult delivery, I had a colicky baby, my husband was working. It was very stressful. And I left as a result of it.

LUDDEN: Today, Sato works with low income women who are new mothers.

SATO: I see parents going back to work after one or even two weeks because they have no paid sick, they have no vacation, they're not eligible for FMLA. Even if they were eligible, they couldn't afford to take the unpaid time off.

MARC FREEDMAN: You know, employers have constraints on them.

LUDDEN: Marc Freedman is with the Chamber of Commerce, which led opposition to the Family and Medical Leave Act. He says it's just too big a burden for many small companies. For larger businesses, he says the FMLA works pretty well for new parents. But medical leave can be a nightmare for employers to track. Freedman says it's especially challenging when workers use it intermittently, with no advance notice.

FREEDMAN: It's a ripple effect. Other people have to cover for them. Customers are left wanting. It can create a lot of problems throughout the workplace.

LUDDEN: Another problem - Freedman says the leave was left unpaid to prevent misuse. And yet...


FREEDMAN: The day of the year when FML leave is accessed the most is the day after the Superbowl.

LUDDEN: Still, the U.S. Department of Labor says the vast majority of employers report it's easy to comply with the law and misuse is rare. And if there are some bad egg workers, the same can be said for some businesses.

MO KESSLER: It was described to me as if something really disastrous happened.

LUDDEN: Mo Kessler used to work at a national grocery store chain in Kentucky. She told her bosses she had endometriosis and suffered excruciating pain a few days each month. But no one ever mentioned she could use FMLA leave, and at the time she didn't know better. Kessler says she was told to push through the pain, or be written up.

KESSLER: I would try to hide in the back because my face was so pale, and I was so visibly sick that I needed to hide away from the customers, to not scare them off.

LUDDEN: With so many gaps and confusion, the main debate over work and family has moved on, circling back to where it was before.


LUDDEN: Paid family leave is now the rallying call for grass roots groups, like this one last month in New York. California and New Jersey have already mandated such programs. Advocates hope they might be a model for federal legislation and that it happens before another 20 years passes. Jennifer Ludden, NPR News, Washington.

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