Throughout the years, the American workplace has become increasingly regulated and complex through the passage of laws designed to benefit and protect employees. Accordingly, employers and human resource professionals need to be more aware than ever about legislative issues that potentially may impact their workplace. One legislative issue currently being proposed in the United States Congress is a change to the Family and Medical Leave Act ("FMLA"), which originally was enacted in 1993.
Shortly after the current Congressional term began in January, separate bills were introduced by Rep. William Clay (D-Missouri) and Sen. Christopher Dodd (D-Connecticut), both of which seek to expand the FMLA. Rep. Clay's bill (H.R. 91) seeks to extend the FMLA's coverage to employers with as few as 25 employees, down from the current coverage minimum of 50 employees. This bill, if enacted, would broaden FMLA's coverage to many employers that are not now covered by the Act. Moreover, H.R. 91 would also allow FMLA-eligible employees to take 24 hours of leave within a 12-month period to participate in their children's school activities, accompany their children to routine medical and dental appointments, and accompany an elderly relative to medical, dental or professional services appointments. Sen. Dodd's bill (S. 201) is more limited in scope, and would simply expand the FMLA's coverage to employers with 25 or more employees.
While similar efforts to extend the FMLA's reach have failed in recent years, extra attention is being paid to the proposals this time around due to President Clinton's statement in his January 19, 1999 State of the Union address that, "I think it's time, with all the evidence that it has been so little burdensome to employers, to extend family leave to ... more Americans working for smaller companies." While many employers and human resource professionals may disagree with President Clinton's assessment of the burdens imposed by the FMLA, the fact remains that there appears to be some momentum and political clout behind its expansion.
In addition to expanding the FMLA, Congress may also look for ways to clarify the law. For example, during the last Congress, Rep. Harris Fawell (R-Illinois) introduced a bill to clarify, among other things, the definition of a serious health condition and the situations under which intermittent leave can be used, both issues which have caused employers and human resources professionals countless headaches in recent years. Similar efforts at clarification in an effort to aid employers in administering the FMLA are expected to be proposed during this term of Congress as well.
As these and other matters of interest in the workplace make their way through Congress, we will try to keep you informed of their progress.