The Family and Medical Leave Act of 1993
The problem
The Family and Medical Leave Act of 1993 grants legally married spouses up to twelve weeks of unpaid leave from work to care for a seriously ill spouse, parent or child. However, the law does not cover same-sex partners or spouses, making it impossible for some employees to be with their partners during times of medical need.
What is the current law?
The Family and Medical Leave Act of 1993 grants employees up to twelve weeks of unpaid leave from work for four circumstances:
- When the employee is unable to work because of a serious health condition, which can include pregnancy disability leave or maternity leave
- For the birth and care of the newborn child of the employee
- For placement with the employee of a son or daughter for adoption or foster care; or
- To care for an immediate family member (spouse, child, or parent) with a serious health condition.
What is the Family and Medical Leave Inclusion Act (FMLIA)?
The Family and Medical Leave Inclusion Act (H.R. 2792) would expand the Family and Medical Leave Act of 1993 to permit an employee to take up to twelve weeks of unpaid leave from work if his or her domestic partner or same-sex spouse has a serious health condition. It would also permit employees to take unpaid leave to care for a "parent-in-law, adult child, sibling or grandparent."
The Act defines domestic partner as either:
- The person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the state or political subdivision of a state where the employee resides; or
- In the case of an unmarried employee who lives in a state where a person cannot marry a person of the same sex under the laws of the state, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee's domestic partner.
What is the status of the bill?
Rep. Carolyn Maloney, (D-NY), introduced the bill June 20, 2007 with bipartisan co-sponsors: Representatives Frank, Baldwin, Woolsey, and Shays. It was referred to the House Subcommittee on Workforce Protections on July 24, 2007.
What is HRC doing?
The Human Rights Campaign is working to ensure that the Family and Medical Leave Act protects everyone, so that all employees are able to take unpaid leave to care for their partners. Specifically, we are asking Members of Congress to cosponsor H.R. 2792 and we are working with our Senate allies to introduce a similar bill in the Senate.
Why does this law matter?
Tina, from Indiana, was fired from her job when she missed work to care for her partner, Danielle, during a serious illness. When Danielle fell unconscious, Tina rushed her to the hospital. Tina stayed by Danielle for ten days, until Danielle recovered enough to go home to their children. Because same-sex couples are currently excluded from FMLA protections, the ten days she took off were unprotected. As a result, Tina lost her job.
More on the Family and Medical Leave Act
- Family and Medical Leave Act Bill Text H.R. 2792 (PDF)
- HRC's comments on Department of Labor's Request for Information on the Family and Medical Leave Act (PDF)
- HRC's Family and Medical Leave Act testmony at th Health, Education, Labor and Pensions hearing (PDF)
Last Updated: Tuesday, March 04, 2008
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