Family and Medical Leave Act Has Benefited Workers and Businesses, Biden Says

WASHINGTON -- President Biden marked the 30th anniversary of the Family and Medical Leave Act (FMLA) Thursday by signing a presidential memorandum aimed at expanding leave for federal workers and considering creation of a category of "safe leave" for victims of domestic violence or stalking.

"When workers can take leave -- when they're able to do that rather than have to stay in their job -- they're better off, and businesses are better off as well, because things get done," Biden said at an event marking the anniversary in the White House East Room. The FMLA has "transformed the lives of literally millions of men and women."

Indeed, former President Bill Clinton, who signed the FMLA into law in 1993 and was a guest at Thursday's event, noted that in the time since the law took effect, Americans have taken advantage of it about 400 million times. However, more still needs to be done, he said.

"We're here because in spite of that, and in spite of a 2020 study that the Department of Labor did finding that 95% of employers said [the act] either didn't hurt or actually helped productivity, reduced turnover, or increased morale, there's still a lot of problems that cannot be solved without some form of paid leave," he said.

Biden agreed. "The legislation we celebrate today was an incredibly important step, but a first step," he said. "The United States is still one of the only countries in the world that doesn't guarantee paid leave ... As a result, 94% of our lowest-wage workers -- mostly women or workers of color -- have no paid family leave at all -- 94%. Meaning you can only take time to care for your loved one if you can afford to give up your salary."

"I remain committed to changing that and bringing us in line with every single other major economy in the world by passing a national program of paid leave and medical leave," Biden said to loud applause. "And by the way, Americans deserve paid sick days as well."

"I call on Congress to act, and I'll continue fighting," he said. "No American should ever have to choose between a paycheck and taking care of a family member or taking care of themselves."

The FMLA requires employers to provide an eligible employee with up to 12 weeks of unpaid leave each year for the birth and care of a newborn child; for placement of a child by adoption or foster care; for care of an immediate family member (i.e., spouse, child, or parent) with a serious health condition; or for medical leave when the employee is unable to work because of a serious health condition.

In the memorandum, the president urged federal agency heads to support access to leave without pay for federal employees -- including during their first year of service when they wouldn't normally be eligible for it -- for a few additional reasons, including managing family affairs during another family member's military deployment or grieving the death of a family member.

Biden also asked the Office of Personnel Management to provide recommendations regarding "safe leave" -- paid leave and leave without pay for seeking safety and recovering from domestic violence, dating violence, sexual assault, or stalking. Reasons for safe leave may include obtaining medical treatment, seeking assistance from organizations that provide services to survivors, seeking relocation, and taking related legal action, the memorandum said.

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