Overview of National Family and Medical Leave Act of 1993

Eligibility:

• Only workers employed by companies with 50 or more employees are eligible.
• Only employees who have worked for the employer for at least 1,250 hours during the past 12 months are eligible.

Acceptable Reasons for Leave:

• Employee's non-work related illness or injury
• To care for a family member with a serious medical condition
• Following childbirth, adoption or placement of a foster child

Length of Leave:

• Up to 12 weeks a year
• Leave can be taken all at once or spread throughout the year

Wage Replacement:

• None provided under FMLA
• Employers may require employees to use up accrued vacation and sick time

*Taken from the Women's Statewide Legislative Network's "The Family Leave Project"

Reasons For a NH Supplemental Program

The Current Act Falls Short in Support:

• On May 24, 1999 President Clinton issued a memorandum entitled "New Tools to Help Parents Balance Work and Family" to the heads of all Executive departments and agencies. In it, he concluded that the national FMLA left too many families unable to take leave because of the resulting financial constraints. He recommended that states find ways, according to their specific needs, to provide such families with reimbursement from the Unemployment Insurance system.
• The National Commission on Family and Medical Leave found that approximately 64% of employees who were surveyed, were covered under the FMLA but could not take the medical or family leave they needed because they could not afford to lose pay.
• Women, lower income employees, employees who work for hourly wages, employees with lower levels of education, non-unionized employees, and younger employees are less likely to receive paid and unpaid leave from their employer than are higher paid employees.
• 53% of employees in the private sector do not qualify for leave under the FMLA.
• Twenty percent of workers who had family incomes of less than $20,000, were forced to go on welfare in order to support their families when they took leave.

*Data taken from the WSLN's A Workable Balance

Why Use Unemployment Insurance for Workers on Family & Medical Leave?

• The UI system has failed to adjust to the growing numbers of women as heads of households who are working in low-paying jobs. Linking FMLA with the UI system would benefit this previously over-looked group.
• The Commission on Family and Medical Leave found that the UI, with branches in each state, a pooled financial scheme and its central goal of maintaining workers' attachment to the work force, was a logical source of funds for workers taking family or medical leave.
• Paid medical and family leave reduces families' reliance on other forms of public assistance.
• Providing financial assistance through the UI system allows smaller businesses to better compete for employees by allowing them to promise paid leave.

A Comparison: Vermont's Parental and Family Leave Law

Number of Employees:

• Vermont law requires employers who have 10 employees who work at least 30 hours per week and who have done so for a minimum of one year, to provide unpaid parental family leave.
• In order for the above-defined employees to receive all other forms of family and short-term leave, their employer must employ 15 employees.
• The required numbers of employees do not have to be employed in one location.

Types of Leave:

• Vermont law provides family leave for the care of parents-in-law.
• Short-term leave is provided under the Vermont law for employees who require leave for less than an entire day when certain situations or circumstances in a family member's life require it.
• Short-term leave allows an employee to be absent from work up to 4 hours in a 30 day period, and up to 24 hours in the course of 12 months.

Employee Benefits:

• Under Vermont law, employees continue to accrue seniority and other accrued benefits while they are on family and medical leave.

*Information taken from "Parental and Family Leave: Both Vermont and Federal Laws, Questions and Answers"