Today marks the 32nd anniversary of the Family and Medical Leave Act of 1993 (FMLA). The FMLA is a federal law designed to help parents and other caregivers balance their jobs and their caregiving responsibilities by providing up to 12 weeks of unpaid, job-protected leave from work per year. Under the FMLA, covered workers can take the time they need to welcome a new child, care for a loved one, or manage their own health needs, without fear of being fired from their job for taking time off.
This law has helped protect millions of jobs in the decades since it passed, but gaps in the law leave numerous workers excluded from its vital protections. On top of the exemptions for newly hired workers, many part-time workers, and those working for smaller employers, too many workers simply cannot afford to take unpaid leave and sacrifice their paycheck when they grow their family or navigate a health crisis. The FMLA’s family definition is also far too narrow, as it only allows workers to care for a parent, child, or spouse with a serious health condition. This restrictive, outdated definition fails to reflect the reality of what families look like and leaves out too many types of family bonds, including chosen family and extended family.
As we reflect on the FMLA’s 32 year legacy, the path to build upon its legacy remains clear: we need a comprehensive, federal, paid family and medical leave program that allows all workers to take time off work when they need it, without having to take a pay cut or risk their job.
In the meantime, we’re committed to educating workers about their rights under the FMLA so they can actually use these protections. Our resources cover some frequently asked questions about taking FMLA leave, including questions transgender and nonbinary workers might have about taking FMLA leave for gender affirming care, and our free and confidential legal helpline is available to provide direct support for workers with questions about their rights.
Every single day, the FMLA makes a difference in workers’ lives by providing them with job protection. As we celebrate this landmark law, we must also continue working to bring the United States up to par with the multitude of other countries that recognize paid family and medical leave as a fundamental right for their workforces.
