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Protecting, Preserving the FMLA

(This article first appeared in the September/October 2007 issue of The American Postal Worker magazine.)

One of the APWU’s legislative priorities has been to protect the Family and Medical Leave Act. In recent years, employers have been pressuring Congress, alleging that the FMLA was not working, that it was forcing them to make unreasonable accommodations, and that it was exposing them to increased costs.

One way employers sought relief was by pushing for the term “serious condition” to be redefined to apply only to life-threatening conditions. They also sought to make it more difficult for employees to receive approval for intermittent FMLA absences through the establishment of requirements that leave be used in a minimum of eight-hour increments and that documentation be specific to the point that the privacy rights of employees would be compromised.

Late last year, Congress and the Department of Labor invited interested parties to provide testimony and background on how the law has been working. The DOL request for information caused concern among unions because the agency, which implements workplace rules for the FMLA, has used its regulatory authority in the past to weaken workers’ rights.

The APWU, along with many other employee and family advocacy organizations, asserted that the law was working as intended and that the changes being sought by employers were unreasonable and unnecessary. The APWU provided written testimony, and we also met with key legislators.

On June 27, the Labor Department issued a report that overall offered few surprises to advocates for family-friendly policies and workers: “Family and medical leave is good for workers and their families, is in the public interest, and is good workplace policy.” The report went on to say that the law was performing as intended and “there are no proposals for regulatory changes being put forwarded by the Department.”

This was a great victory for families and working people. We will diligently stay on top of this issue, as we expect employers to continue to challenge this important law.

(In a sign that lawmakers are growing more sympathetic to the notion that workers should have more time off to be with their families, the Senate in early August approved a measure that would allow the relatives of injured soldiers to take up to 26 weeks of unpaid leave to care for them. If the full Congress passes the bill and it is signed into law, this would be the first expansion of FMLA since it took effect in 1993.)

EFCA Hits Senate Snag

As we reported in our July/August column, the Employee Free Choice Act had been working its way around Capitol Hill. After weeks of delays and debate, proponents tried in late June to get the legislation to the Senate floor for a straight “up or down” vote. Opponents of the measure, however, garnered enough votes to defeat an effort to cut off debate that would have allowed a final vote on the measure itself to occur. The vote to close debate was 51 to 48; Senate rules require 60 votes to close debate.

The vote was largely along party lines, with all Democratic senators who were present voting “Yes,” along with a single Republican, Arlen Specter (PA). Previously, the House passed the EFCA by a vote of 241 to 185, again largely along party lines, with only two Democrats, Dan Boren (OK) and Gene Taylor (MS) weighing in against the measure, and only 13 of the 196 Republicans taking part voting in favor.

While it is doubtful that the issue will be addressed again in this session, these recorded votes were important: Organized labor’s true friends have been identified.

APWU Testimony on the Hill

Hearings were held in July by House and Senate subcommittees dealing with subcontracting and how the Postal Service has administered the 2006 Postal Accountability and Enhancement Act.

APWU President William Burrus testified at each of the hearings. In addition to criticizing the Postal Service’s continuing efforts to outsource work historically done by postal workers, he urged legislators to pass a measure requiring the USPS to negotiate with its unions prior to contracting out our jobs.

The Postal Service also was taken to task for holding secret meetings on operations planning with members of the mailing community. Unions and private citizens have been barred from attending these meetings. Click here to read coverage of the union’s recent testimony on Capitol Hill.

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