Family and Medical Leave Act (FMLA)

📌 Link to the Text of the Act

Read the statute (29 U.S.C. § 2601 et seq.)

📌 Why It Was Done

Congress enacted FMLA to provide eligible employees with job-protected, unpaid leave for family and medical reasons, recognizing the need to balance work demands with family responsibilities.

📌 Pre-existing Law or Constitutional Rights

Before FMLA, there was no federal requirement for family or medical leave. Some states and employers had policies, but coverage was inconsistent and limited.

📌 Overreach or Proper Role?

Supporters view it as vital workplace protection. Critics argue it burdens small and mid-sized businesses and creates staffing challenges. Subsequent debates have centered on whether to expand it into paid leave.

📌 Who or What It Controls

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  Employers with 50+ employees
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  Federal, state, and local governments as employers
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  Employees (eligibility requires 12 months of work and 1,250 hours in the preceding year)

📌 Key Sections / Citations

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  29 U.S.C. § 2612 (entitlement to 12 weeks of leave)
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  29 U.S.C. § 2614 (job restoration rights)
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  29 U.S.C. § 2615 (prohibitions on interference/retaliation)

📌 Recent Changes or Live Controversies

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  COVID-19 emergency laws temporarily expanded FMLA provisions in 2020
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  Ongoing debate over creating a paid family leave program
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  States like California and New York have enacted their own paid leave laws

📌 Official Sources

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  U.S. Code – Title 29, Chapter 28
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  U.S. Department of Labor – FMLA