This week marks an important anniversary in employment law and U.S. history. On Feb. 5, 1993, the federal government enacted the Family and Medical Leave Act, providing job-protected leaves to workers after the birth or adoption of a child, or to recuperate from a serious illness.

On Tuesday, the 20^th anniversary of the FMLA, the Department of Labor chose to finalize a couple of congressional amendments that further expand the employment rights of working families here in New Jersey and throughout the country.

The changes include expanding FMLA benefits to veterans as well as civilian flight crews and pilots, and allowing relatives of National Guard or Reserve members to attend unanticipated welcome-home or farewell events. Eligible families of veterans will now have access to the same leave options as active service members, and more airline personnel will qualify for FMLA leaves than previously.

Under the FMLA, employers with 50 or more workers are required to offer eligible workers up to 12 weeks of unpaid leave annually in the event of pregnancy, adoption, illness or the illness of a family member. Employees are only eligible for leave if they have been employed by a covered employer for 52 weeks, and have put in at least 1,250 hours in the 52 weeks leading up to a leave.

Due to the scheduling and hours of airline personnel, many have not previously qualified for FMLA protection. Now, the law has been adjusted to accommodate for this discrepancy.

Here in New Jersey, employees are also covered by the New Jersey Family Leave Act. While under the federal FMLA leaves are not paid, our state’s law does provide for paid leave via mandatory withholdings from paychecks.

Both the federal FMLA and the NJFLA are very complicated, and unfortunately some employers who are required by law to provide leave refuse to do so, or even retaliate against workers who make requests. When this happens, employees can often seek legal counsel and hold their employers accountable for both compensation and job reinstatement when necessary.

Source: Employee Benefit News, “DOL marks FMLA anniversary implementing some changes, rejecting others,” Tristan Lejeune, Feb. 6, 2013