10.2190/CN.32.4.b R48WUQ6177004130 2 The Contractual Diminishing of FMLA Employee Rights 279 286 20100302 20100302 20100302 20100302 R48WUQ6177004130.pdf http://baywood.metapress.com/link.asp?target=contribution&id=R48WUQ6177004130 4 Bernadette Marczely Ed.D., J.D. Cleveland State University, Ohio Initially, the Family and Medical Leave Act provided employees with up to 12 work weeks of unpaid, job-protected leave a year, during which time group health benefits were maintained. The FMLA's purpose, as defined by the U.S. Department of Labor was to allow employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. The FMLA sought to do this in a manner that accommodates the legitimate interests of employers and employees. The law said that employees may choose to use, or employers may require the employee to use, accrued <i>paid</i> leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued <i>paid</i> vacation or personal leave for any of the situations covered by the FMLA. Nevertheless, in the wake of the FMLA's passage in 1993 and the passage of the Family and Medical Leave Clarification Act in 2001, collective bargaining has removed the original options provided individuals under the law, substituting contractual requirements. This article discusses the unforeseen consequences of editing FMLA rights provided through the collective bargaining process. <i>Tracy Ragsdale v. Wolverine World Wide, Inc.</i>, 535 U.S. 81, March, 19, 2002. 29 U.S.C. § 2612 (a) (1). 29 U.S.C. § 2614 (c) (1). 29 U.S.C. § 2614 (a) (1). 29 U.S.C. § 2612 (b) (1). 29 U.S.C. § 2615 (a) (1). 29 U.S.C. § 2617 (a) (1). 29 U.S.C. § 2653. D. Cantor et al., <i>Balancing the Needs of Families and Employers: Family and Medical Leave Surveys</i>, U.S. Dept. of Labor, pp. 5-12, (2001). 60 Fed. Reg. 2230 (1995). 29 CFR § 825.208 (a) 2001. 218 F3d 933. 29 U.S.C.S. 2619. Congressional Record of 107th Congress, 1st Session, Vol. 147, No. 30. S. 489, <i>Family and Medical Leave Clarification Act</i>, 2001. Section 102 (d) (2) 29 U.S.C. 2612 (d) (2) (C) Amendment. <i>Cynthia Orr; Patricia Paiz v. City of Albuquerque, Mary Beth Vigil</i>, 531 F.3d 1210; 2008 U.S. App. LEXIS 14505; 103 Fair Empl. Prac. Case (BNA) 1249, filed July 8, 2008. Ohio R.C. § 124.39 (B). Ohio R.C. § 124.39 (C). FMLA Compliance Guidance <a target="_blank" href='http://www.dol.gov/esa'>www.dol.gov/esa</a>