Family and Medical Leave Act (FMLA) (1993)

1) Link to the Text of the Act
Read the statute (29 U.S.C. § 2601 et seq.)

2) Why It Was Done
Congress enacted FMLA to provide eligible employees with job-protected, unpaid leave for family and medical reasons, recognizing the need to balance work demands with family responsibilities.

3) Pre-existing Law or Constitutional Rights
Before FMLA, there was no federal requirement for family or medical leave. Some states and employers had policies, but coverage was inconsistent and limited.

4) Overreach or Proper Role?
Supporters view it as vital workplace protection. Critics argue it burdens small and mid-sized businesses and creates staffing challenges. Subsequent debates have centered on whether to expand it into paid leave.

5) Who or What It Controls

• Employers with 50+ employees
• Federal, state, and local governments as employers
• Employees (eligibility requires 12 months of work and 1,250 hours in the preceding year)

6) Key Sections / Citations

• 29 U.S.C. § 2612 (entitlement to 12 weeks of leave)
• 29 U.S.C. § 2614 (job restoration rights)
• 29 U.S.C. § 2615 (prohibitions on interference/retaliation)

7) Recent Changes or Live Controversies

• COVID-19 emergency laws temporarily expanded FMLA provisions in 2020
• Ongoing debate over creating a paid family leave program
• States like California and New York have enacted their own paid leave laws

8) Official Sources

• U.S. Code – Title 29, Chapter 28
• U.S. Department of Labor – FMLA

• Employment
• Family Leave
• Health
• Civil Rights
• Workers