Family Medical and Leave Act (FMLA)

On FMLA’s 20th birthday, America should celebrate this critical piece of legislation, which gave millions of workers the right to job-protected, unpaid leave. But we must also recognize how much farther we have to go in creating a workplace that takes into account the caregiving needs of the 21st century workforce.

First, the celebration: Thanks to the FMLA, millions of workers have been able to take time off from work without risking their jobs to care for a new child, for their own illness, or to care for family members who were sick. Ninety-one percent of employers report that complying with the FMLA has had either positive or neutral effects on their businesses. The positive business impacts noted by employers include reductions in employee absences, reductions in turnover, and improved morale. Eighty-five percent of employers report that complying with the FMLA is very easy, somewhat easy, or has no noticeable effect on their businesses.

The bottom line: the FMLA has been wildly successful. And now we should build on that success. Read more »

On Tuesday, by a 5-4 vote, the Supreme Court held that state employees who are denied their Family Medical and Leave Act (FMLA) rights to take time off because of their own serious medical conditions have no meaningful remedy. The facts in Coleman v. Maryland Court of Appeals don’t necessarily suggest that this is a case about sex discrimination and pregnancy discrimination: Daniel Coleman, a man employed by the Maryland Court of Appeals, sought sick leave for a serious medical condition and was terminated—in violation of the FMLA, he claimed. As Justice Ginsburg explained in her powerful dissent, however, whether and how the FMLA protects state employees who need time of because of their own serious medical conditions is in many ways fundamentally an argument about gender and the protections the Constitution provides against sex discrimination. According to five Justices on the Supreme Court, women just lost that argument. Read more »

I was lucky enough to take a field trip from work yesterday to watch oral arguments at the Supreme Court. That would be enjoyable for me under any circumstances, but yesterday it was particularly exciting because the case I saw argued has very serious implications for women. Read more »