The Family and Medical Leave Act of 1993 (Public Law 103-3, enacted February 5, 1993) is a United States labor law allowing an employee to take unpaid leave due to illness or to care for a sick family member. It was one of the first major bills signed by President Bill Clinton in his first term, fulfilling a campaign promise. This article or section does not cite its references or sources. ... February 5 is the 36th day of the year in the Gregorian Calendar. ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... This article is in need of attention. ... The examples and perspective in this article or section may not represent a worldwide view. ... For the pop band, see Presidents of the United States of America. ... William Jefferson Bill Clinton (born William Jefferson Blythe III on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... Presidential electoral votes by state. ...

Provisions

The law recognizes the growing needs of balancing family and work obligations and promises numerous protections to workers. Some of these protections include:

• Twelve (12) workweeks of leave per twelve (12) months for various reasons such as
  • Caring for a newborn child
  • Handling adoption or foster care placement issues
  • Caring for a sick child, spouse or parent
  • Being physically unable to perform one's job
• Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.
• Protection of employee benefits even while on leave. An employee is entitled to reinstatement to all benefits that the employee was receiving before going on leave.
• Protection of the employee to not have their rights under the Act interfered with or denied by an employer.
• Protection of the employee from retaliation by an employer for exercising rights under the Act.

Generally, the Act ensures that all workers are able to take extended leaves of absence from work to handle family issues or illness without fear of being terminated from their jobs by their employers or being forced into a lower job upon their return. This article or section does not cite its references or sources. ... Foster care is a system by which adults care for minor children who are not able to live with their biological parents. ...

The leave guaranteed by the act is unpaid, and is available to those working for employers with 50 or more employees within a 75 mile radius. In addition, an employee must have worked for the company at least 12 months and 1,250 hours in those 12 months. The benefits in the Act are in stark contrast to far more generous and proportedly gender-neutal policies elsewhere, such as Sweden. Swedish parental leave provides 480 days (16 months) of paid leave (80% or more of wage) with similar return benefits as its American counterpart, and includes explicit goals to stimulate national gender equality.

The act also applies to all U.S. government employees and state employees. In 2003, the Supreme Court of the United States, in a 5-4 decision, upheld FMLA coverage for state employees in Nevada Department of Human Resources v. Hibbs. The state of Nevada had unsuccessfully challenged the provisions under the Eleventh Amendment to the United States Constitution. The Supreme Court of the United States is the highest judicial body in the United States and is the only part of the judicial branch of the United States federal government explicitly specified in the United States Constitution. ... This article does not cite its references or sources. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794 and was ratified on February 7, 1795. ...

The U.S. Code cite is 29 U.S.C. sec. 2601. The United States Code (U.S.C.) is the general and permanent federal Law of the United States. ...

History

The act was drafted by the National Partnership for Women and Families (formerly known as the National Women's Defense Fund) a nonprofit, nonpartisan organization that uses public education and advocacy to promote fairness in the workplace, quality health care, and policies that help women and men meet the dual demands of work and family. The National Partnership also played a prominent role in the passage of the Pregnancy Discrimination Act of 1978. // Pregnancy Discrimination Pregnancy Discrimination occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. ...

Controversy

Critics of the act have suggested that, by mandating various forms of leave that are used more often by female than male employees, the Act, like the Pregnancy Discrimination Act of 1978, makes women more expensive to employ than men in general. They argue that, in response, employers will engage in subtle discrimination against women in the hiring process, discrimination which is much less obvious to detect than pregnancy discrimination against the already hired. Supporters counter that the act, in contrast to the Pregnancy Discrimination Act of 1978, is aimed at both women and men, and is part of an overall strategy to encourage both women and men to take family-related leave in equal proportions. Indeed, if women and men took leave equally often, the criticism would fail. // Pregnancy Discrimination Pregnancy Discrimination occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. ...

External links

• Family and Medical Leave Act of 1993
• Full Text of the Family and Medical Leave Act of 1993 - FMLA - 29 U.S. Code Chapter 28
• Senate roll call vote
• House roll call vote
• Nevada Dept. of Human Resources v. Hibbs
• A Child's Wish at the Internet Movie Database (President Clinton appears briefly as himself.)