02/ 02/ 2007
NFIB stands in firm opposition of new government mandates
Supporters of expanding the 1993 Family and Medical Leave Act are gearing up to pass legislation that would apply the law to more small businesses by lowering the size standard (measured by the number of employees) of businesses that are covered, expanding the number of reasons why unpaid leave can be taken and creating a new mandate for paid leave.
Currently, only companies with 50 or more employees are subject to FMLA, which requires businesses to provide employees up to 12 weeks of unpaid leave for reasons including family illness and maternity leave.
NFIB strongly opposes legislation that would remove the critical exemption for leave mandates that small business fought long and hard to include in the current law. Increasing the number of businesses covered by FMLA imposes a significant new mandate on small business, and ignores the question of whether or not a small employer can afford to keep a position open until an employee returns from leave. It's a burden for most small-business owners to keep a job open for even the most valued employee, and larger businesses are better able to absorb the costs forced on a business by government mandates.
Expanding the law also would interfere with the flexibility that small-business owners offer--a critical factor when competing for employees. A recent NFIB poll revealed that 96 percent of small-business owners provide flexible hours when personal situations arise, regardless of the firm's size.
Congress is expected to consider legislation that expands FMLA to cover additional types of leave. Some of the new requirements being discussed include mandated leave for military families, for victims of domestic abuse and for school activities such as parent-teacher conferences and sports events.
Sen. Edward Kennedy of Massachusetts, the incoming chairman of the Health, Education, Labor and Pensions Committee, has indicated that he intends to move a bill he introduced last Congress requiring employers with 15 or more employees to provide seven paid sick days a year. NFIB will fight hard against this proposed mandate on small employers, and remind Congress that small-business owners already offer their workers flexibility in times of family or medical leave, and that this sort of mandate would only open the door for increased litigation and onerous compliance burdens.
NFIB.com
Learn the latest on the current FMLA debate in "Family Medical Leave Act" in the "Labor Issues" section of www.NFIB.com/issues
