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LABOR & EMPLOYMENT LAW — 01/21/09

Family Fairness Act of 2009 introduced in the House

Seeking to offer the protections of the Family and Medical Leave Act (FMLA) to more employees, Representative Tammy Baldwin (D-Wisc) introduced the Family Fairness Act of 2009 (H.R. 389), legislation that would eliminate the FMLA's current "hours of service requirement," which requires employees to have worked at least 1,250 hours during the previous 12-month period in order to be eligible for leave under the Act. An employee, however, would still be required to have worked for his or her employer for at least 12 months to qualify for FMLA leave.

"While today's support for working families is welcome and long-overdue, there is much work still to be done," said Congresswoman Baldwin. "An important piece of labor law, the Family and Medical Leave Act, contains deficiencies that are harmful to working women, especially those with young children or elderly parents who rely on them. The Family Fairness Act will move us closer toward equality for all workers," Baldwin said.

Under the FMLA, employers with 50 or more employees must allow "eligible" employees a total of 12 workweeks of job protected unpaid leave during any 12-month period under the following circumstances: (1) the birth and care of a newborn child; (2) the placement of a child with the employee for adoption or foster care; (3) to care for an immediate family member (spouse, child or parent) with a serious health condition; or (4) to take medical leave when the employee is unable to work because of a serious health condition.

In addition, the FMLA protects the continuation of group health insurance for employees on the same basis as before they leave and protects the right to the same or an equivalent job when the leave ends. Unfortunately, explained Baldwin, the FMLA only covers employees who have worked at least 1,250 hours during the past year, which means that part-time workers are completely excluded. Under the proposed bill, the term "eligible employee" would mean an employee who has been employed, either as a full-time or part-time employee, for at least 12 months by the employer with respect to whom leave is requested, removing the "hours of service requirement." The bill, which has nine cosponsors, has been referred to the House Committees on Education and Labor, Oversight and Government Reform and Administration.

"As it is now, the Family and Medical Leave Act provides a good and necessary benefit to some of our working families," said Baldwin. "It's imperative that we make those benefits available to all of our working families and I'm hopeful we can do that in this session of Congress."

In 2007, almost 25 million people worked part-time and represented 16 percent of the workforce. Two-thirds of all part-time workers are women. Many of them have small children or are attending school full time and do not have any choice but to work fewer than 35 hours a week. "These workers should not lose their health insurance, or worse, their job, because they have to take care of a seriously ill child, parent, or spouse," Baldwin said.

Baldwin's legislation was applauded by advocacy groups. Linda Meric, Executive Director, 9to5, National Association of Working Women said, "9to5 applauds Represenative Tammy Baldwin's Family Fairness Act, which expands the FMLA to cover additional part-time employees who qualify." In a statement issued today, Meric urged lawmakers to, "Help make the FMLA fair for more part-time workers and protect their families by supporting the Family Fairness Act."

"Expanding the Family and Medical Leave Act (FMLA) to cover part-time workers is critical to making our nation more family-friendly," said National Partnership for Women & Families President Debra L. Ness. "Millions of women work part-time and, in this shrinking job market, that is likely to continue. The Family Fairness Act will help part-time workers by making unpaid leave available to them when babies are born or illness strikes. We thank Representative Baldwin for championing this bill, and pledge to do all we can to help pass it," Ness said.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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