Introduction

AFSCME fought hard for the Family and Medical Leave Act (FMLA). More than 15 years after its passage, it is still seen as one of the most important and beneficial advances for working families. FMLA has allowed 100 million American workers to take job-protected time off to care for their loved ones or themselves when they need it most. However, many workers still do not fully understand their rights or the procedures they must follow when seeking FMLA leave. Many questions still arise from affiliates about workers’ rights under FMLA and management’s implementation of the law.

Over time, the U.S. Department of Labor (DOL) and some courts have clarified FMLA requirements. Additionally, in 2008 this law saw its first-ever expansion with the addition of new military family leave provisions as well as revisions of the previously existing FMLA regulations. While the military leave regulations are a positive step for service members and their families, the second part of the new regulations released contain several provisions that restrict workers’ FMLA rights.

For these reasons, the Department of Research and Collective Bargaining Services has updated AFSCME’s FMLA publication. This user-friendly manual answers a variety of frequently asked questions and provides tips on ways affiliates can bargain for improvements in family leave policies or changes in state laws. Also included are citations for regulatory requirements referred to in the manual, allowing affiliates to locate provisions on their own with greater ease.

This publication replaces the Family and Medical Leave Act: AFSCME’s Comprehensive Guide for You, Your Family and Your Union.