Navigating the Land Mines of the Family and Medical Leave Act

Jeffrey A. Mello

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DOI: 10.2190/Q506-R037-3740-M701

Abstract

The Family and Medical Leave Act (FMLA) was passed with good intentions by both those who opposed and those who supported the act. But in recent years, supporters and critics alike have been critical of the act's ability to achieve its original objectives. This article identifies a number of areas of the FMLA that have presented problems to employers, employees, and policymakers and then introduces a new issue that has recently arisen in the courts; namely, whether the "hours of service" eligibility requirement for employees requires hours actually engaged in physical work. Recommendations for addressing these controversies are also provided.

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