Bill would loosen employee eligibility to take FMLA leave

On December 17, Senator Elizabeth Warren and Congresswoman Jan Schakowsky reintroduced the Part-Time Worker Bill 5 of Rights Act (S 3547 HR 6818). The measure would reduce the criteria employees must meet to be eligible to take leave under the federal Family and Medical Leave Act (FMLA).

Currently, to be eligible to take FMLA leave, employees must:

• Have worked for the employer for at least 12 months (those months don’t have to be consecutive);
• Have performed at least 1,250 hours of work in the 12 months before leave is to begin, and
• Must work at a site with at least 50 company employees within 75 miles.

Employees must meet all three criteria before taking FMLA leave.

Under the bill, however, employees would be eligible if they had worked for an employer for at least 90 days. They would not need to have worked for the employer for at least 12 months or perform at least 1,250 hours of work in the 12 months before leave is to begin. They would still need to work at a location with at least 50 company employees.

The bill has seven cosponsors and is in the initial phases of the legislative process.

Under the FMLA, eligible employees are entitled to take time off for certain qualifying reasons, such as their own health condition, to care for a family member with a health condition, or bond with a new child.

Key to remember: The reintroduction of this bill is yet another indication that members of Congress are thinking about employee rights and benefits.