[Congressional Record Volume 149, Number 21 (Wednesday, February 5, 2003)]
[Senate]
[Page S1966]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                  FMLA

  Mr. SARBANES. Mr. President, I rise today to join with Marylanders 
and all Americans in celebrating the anniversary of the Family and 
Medical Leave Act of 1993, FMLA. The FMLA was passed 10 years ago today 
on February 5, 1993. It addressed one of the most pressing issues of 
the time: how to help parents and other family members balance the 
demands of work and family. Balancing these demands has always been 
difficult, but the last few decades have seen an increase in working 
mothers, single parents and working families who are caring for elderly 
relatives. Trying to cope with the dual burdens of work and family left 
many families and individuals unable to meet all the demands placed on 
them.
  The FMLA was designed to help ease the burden on many of these 
families. The FMLA requires private employers with at least 50 
employees, and public employers, to give unpaid leave to employees who 
meet the eligibility requirements for such leave. To be eligible, the 
FMLA requires that employees have worked for the employer for at least 
12 months, and have worked a minimum of 1,250 hours. The employee, if 
eligible, is entitled to up to 12 weeks of unpaid, job-protected leave 
per 12-month period. FMLA leave can be taken to care for the ``serious 
health condition'' of the employee, a child of the employee or a parent 
of the employee, or for an employee to care for a newborn, newly 
adopted child or newly placed foster child. Employees are not required 
to take the leave in one block, and are entitled to receive health 
benefits during their FMLA leave.
  In 2001 the Department of Labor commissioned a report to study the 
impact of the FMLA. The report found that almost 62 percent of public 
and private employees are covered by the FMLA. The benefits of the FMLA 
have thus been applied to the majority of American workers, a 
significant accomplishment. In addition, the FMLA seems to be working. 
A significant majority of employers report that the FMLA has no effect 
on their company's performance: 76.5 percent of employers say that the 
FMLA has no effect on productivity, 87.6 percent say that the FMLA has 
no effect on profitability, and 87.7 percent report that the FMLA has 
no effect on their company's growth. A majority of employers also 
report that the FMLA has little to no effect on the individual 
employee's performance. And most of the 23.8 million employees who used 
FMLA leave in 1999-2000 reported that their experience was positive.
  Beyond these raw numbers, the FMLA has had a profound effect on the 
lives of many American workers. Working mothers and fathers are able to 
take time to care for their sick children, sons and daughters are able 
to care for aging parents, and new mothers and fathers are able to 
spend precious time bonding with their newborns or newly adopted babies 
during the first weeks of life. The FMLA does not force workers to 
choose between family and work. No amount of statistics can quantify 
the value of the days and hours family members get to spend helping one 
another during these crucial times.
  But we should look at ways to make this very successful program 
available to more American workers and bring the benefits of this 
important legislation to more who need it. To this end, I am a 
cosponsor of a bill that would provide wage replacement for eligible 
individuals who have taken FMLA leave for the birth or adoption of a 
son or daughter or other family care giving needs. The bill would also 
amend the FMLA to extend coverage to employees at worksites of at least 
25 employees, a decrease from the current 50-employee requirement. And 
the bill would entitle employees who must address the effects of 
domestic violence to take FMLA leave. I urge my colleagues to work with 
me to ensure the passage and enactment of this important legislation.
  On the 10th anniversary of the FMLA legislation, let us remember the 
success of this program, and let us also focus on ways in which we can 
make improvements to the program so that it can benefit all American 
workers.

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