FMLA-82 — Purpose of FMLA

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

July 31, 1996 FMLA-82

Dear
Name*,

Thank you for your letter of June 21, 1996, forwarding correspondence from Name*, who expresses
concern with certain employment issues surrounding his wife's use of leave due to a serious health
condition under the Family and Medical Leave Act of 1993 (FMLA). Since we do not have the employer's
policies for implementing FMLA, we can only address concerns in general terms.

In enacting FMLA, Congress stated that one of the purposes of this law is to entitle employees to take
reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child,
spouse, or parent who has a serious health condition. The FMLA allows up to 12 weeks of unpaid,
job-protected leave in any 12 months—with group health insurance coverage maintained during the
leave—to eligible employees for the above mentioned family and medical reasons. Upon completion of
the leave, the employee must be returned to work to the same or an equivalent position with equivalent
pay, benefits and other terms and conditions of employment. Paid leave benefits, which are available for
an employee to use, may be substituted at the employee's or employer's option for any portion of the
unpaid leave mandated by this law. Employers are required to notify employees in writing of their FMLA
rights and obligations while on FMLA leave and to keep track of its usage. It is unlawful for any employer
to interfere with or restrain or deny the exercise of any right provided under this act, or to discharge or in
any other manner discriminate against an employee for opposing or complaining about any unlawful
practice related to this act. A copy of a fact sheet that summarizes FMLA's provisions is enclosed.

Nothing in FMLA (401 of the statute and 825.702 of the regulations) modifies or affects any Federal or
State law prohibiting discrimination on the basis of race, religion, color, national origin, sex, age, or
disability. For example, where FMLA and the Americans With Disabilities Act (ADA) apply simultaneously,
an employer must comply at all times with these laws and in a manner that assures the most generous
provisions of both laws would apply. In the case of an employee with a serious health condition under
FMLA who is also a qualified individual with a disability under ADA, requirements from both laws must be
observed and applied in a manner that assures the most beneficial rights and protection. For instance, a
reasonable accommodation under ADA might be accomplished by providing an individual with a disability
with a part-time job which does not ordinarily provide health benefits. Under FMLA, an eligible employee
would be permitted to work a reduced leave schedule for up to 12 workweeks of leave in any 12-month
period with group health plan benefits maintained during the leave. Enclosed is a fact sheet prepared by
the Equal Employment Opportunity Commission (EEOC) which administers and enforces the ADA; that
provides technical assistance on the interplay between the ADA and FMLA.

The purpose of FMLA is to make temporary leave available to eligible employees of employers within its
coverage, and not to limit already existing rights and protection under applicable anti-discrimination
statutes (e.g., the ADA). It is not the intent of FMLA to discourage an employer from adopting or retaining
more generous employment benefits or leave policies that provide greater family or medical leave rights
than those provided under this law. The FMLA does not prevent an employer from amending existing
leave and employee benefit programs, provided they comply with the act.

We do not believe that the implementation of FMLA by
Name* wife's employer has been detrimental to
her employment, particularly with respect to the notification that she is entitled to 12 weeks of job
protected leave in a 12-month period under this law. We wish to point out that prior to FMLA, employees
enjoyed no Federal guarantees with respect to absences related to family and medical leave, job
restoration, or continued group health care coverage. Employers, for example, would have been able to
refuse leave or terminate employees needing to take time off to take care of family and medical
situations. The FMLA now guarantees employees at least 12 weeks of job and health care benefits
protection in a 12-month period.

Any change to extend the leave provisions under FMLA would require an amendment to the statute.
Accordingly, President Clinton has recently proposed an expansion to FMLA to cover leaves for school
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U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

activities, for routine family medical services, and for older relatives' health needs. The proposal would
establish family-friendly leave standards for up to 24 hours of unpaid leave a year. A copy of the press
release on the President's "Family-Friendly Workplace Proposal" is enclosed.

We appreciate your concerns and those of
Name*. If we can be of further assistance, please do not
hesitate to contact us.

Sincerely,

Howard B. Ostmann
Office of Enforcement Policy
Family and Medical Leave Act Team

Enclosures

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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