UBP blog


What employers need to know about the “Balancing Act”, a paid-FMLA bill with a good chance of passing.

Filed under: FMLA,HR compliance — ubpblogger @ 12:10 pm
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There’s been a good amount of talk recently about the “Balancing Act of 2009”, a bill proposed by  Democrat Lynn Woolsey that seems to have a strong chance of passing.

 This bill incorporates portions of the Family Leave Insurance Act allowing eligible employees 12 weeks of paid leave over a 12 month period for the following purposes among others:

  • To care for their own illness
  • To care for a sick family member or new child
  • To place a child up for adoption or foster care
  • To address a “qualifying exigency” arising from a family member’s call to active duty
  • To care for a relative who is a wounded veteran

 If the “Balancing Act” becomes a law, employers in all 50 states would need to know about quite a few significant FMLA-related changes.

A few noteworthy ones are as follows:

  •  The terms of FMLA coverage for “family wellness” related leave (as outlined in the Family and Medical Leave Enhancement Act) would be extended to employers with 25+ employees from the original 50+ employees.


  • Borrowing from the Healthy Families Act eligible employees at companies with 15 or more employees will earn one hour of paid six leave per-30 hours worked (not to exceed 56 hours, or 7 days, per-year).


  • Eligibility for the paid leave covered under the Balancing Act would be extended to certain part-time and temporary employees not previously included. It would be extended to include employees working 1,050 hours or more in a given calendar year (up from employees working 1,250 hours or more in a given calendar year).

How will employees’ 12 week paid leaves be funded? 

Under the Family and Medical Leave Act (FMLA), The U.S. Department of Labor would manage a joint fund between employer and employee and 0.2% of employee earnings would be put towards the fund

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