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FMLA at 30: Persisting Toward Paid Leave

| Feb 7, 2023

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This past weekend marked a milestone anniversary for a historic piece of legislation: the Family and Medical Leave Act, or the FMLA, as it’s widely known. This law – which was signed by President Bill Clinton on Feb. 5, 1993 – allows millions of workers to take up to 12 weeks of unpaid leave for family or medical reasons during moments of great need with the peace of mind of knowing they won’t lose their jobs. As the FMLA turns 30, we should use this opportunity to celebrate its legacy – and reflect upon how much further our country still has to go when it comes to supporting workers in balancing their personal and professional lives.

The FMLA was a groundbreaking achievement. Since 1993, Americans have relied on the FMLA on nearly 463 million occasions to care for themselves or their loved ones. In 2022 alone, the FMLA supported nearly 15 million workers. These astounding numbers illustrate the enormous impact of the law – and the enormous gap it helped fill.

The FMLA is important for many reasons, but especially because it established an essential baseline standard to help workers meet their obligations at home and on the job without jeopardizing their financial security.

Even more broadly, the FMLA fundamentally changed the conversation around caregiving and work – and how protections in support of caregiving are integral to what our workplaces should aspire to be.

The law makes clear that the lack of access to leave is not only an individual problem, but also a workplace problem, an equity problem, and a problem which affects our entire society.

In doing so, it addressed a significant barrier that prevented millions of people – women, in particular – from fully participating in our economy, often due to long-entrenched biases around perceived gender roles.

Take just one example. In 1993, an executive was quoted as saying: “If you’re an employer, you will look at a young woman and say, ‘Can we really entrust her to do crucial responsibilities that no one else can do because she’s going to take three months off [after giving birth]?'”

The National Partnership for Women & Families – the organization I have the privilege to now lead – understood back then that the outdated mindset voiced by this executive would keep shutting women out of important job opportunities. And fixing this problem was one of the key motivations behind the FMLA.

Back in 1984, when we were known as the Women’s Legal Defense Fund, our staff spearheaded the early drafting of what would eventually become the FMLA.

Continue reading on Ms. Magazine’s website

About the Author

Jocelyn Frye

Jocelyn Frye

Jocelyn Frye is President of the National Partnership for Women & Families. Under her leadership, the organization is focused on advancing economic justice, affordable and equitable health care, civil rights, and reproductive freedom for women who face the steepest barriers – including women of color, women with the lowest incomes, women with disabilities, and transgender women.

Prior to taking the helm of the National Partnership, Frye was a Senior Fellow at the Center for American Progress (CAP), one of the country's foremost progressive think tanks. In that role, she shaped policy development for CAP's Women’s Initiative across a wide range of issues – including narrowing the gender pay gap, improving women’s employment opportunities and economic stability, combating gender-based discrimination and gender-based violence, and addressing the Black maternal health crisis.

Before joining CAP, Frye served in the White House during the administration of Barack Obama. As Deputy Assistant to the President and Director of Policy and Special Projects for the First Lady, she oversaw a broad issue portfolio focused on improving the lives of women and families. She helped lead the two signature initiatives of then-First Lady Michelle Obama: tackling childhood obesity and supporting military families. She also played an important part in fostering career development opportunities for young women through the White House Leadership and Mentoring Initiative.

Frye's current tenure at the National Partnership marks her second stint with the organization. She previously acted as the National Partnership’s General Counsel, concentrating on employment and discrimination issues facing women of color and low-income women. Furthermore, she helped spearhead the organization's advocacy around judicial nominations and the Supreme Court.

Frye began her legal career at the firm of Crowell & Moring. She received her J.D. from Harvard Law School and her undergraduate degree from the University of Michigan.