Family and Medical Leave Act Eligibility and Citizenship Status: Understanding Barriers for Hispanic Workers

Introduction. Hispanic workers face significant barriers in accessing medical leave benefits under the Family and Medical Leave Act (FMLA). Limited eligibility for FMLA, the only national policy providing job protection for up to 12 weeks of unpaid medical or parental leave, contributes to their heightened vulnerability during health crises. This study examines how citizenship status impacts FMLA eligibility among Hispanic workers, focusing on identifying key FMLA criteria barriers, analyzing eligibility predictors, and investigating how population-level differences contribute to these disparities.

Methods. We used data from the integrated public use microdata series (IPUMS) Current Population Survey (CPS) Annual Social and Economic Supplement 2018. The analytical sample consisted of foreign-born, wage-salaried Hispanic workers between ages 18 and 64 who were employed the year before the interview and worked at least 10 hours per week (n=5,632). FMLA eligibility was determined based on three criteria: employer size (at least 50 employees), job tenure (at least 12 months), and work hours (at least 1,250 hours in the previous year). Multiple logistic regression and Blinder-Oaxaca decomposition were used to assess the predictors of FMLA eligibility and examine citizenship differences.

Results. Findings indicate significant citizenship disparities in FMLA eligibility. Only 39% of non-citizen Hispanic men met the FMLA eligibility criteria compared to 53% of their citizen counterparts. Similarly, 42% of non-citizen women met the requirements, compared to 52% of citizen women. The employer size criterion emerged as the most substantial barrier, particularly among non-citizen men. In contrast, employer size and job tenure criteria contributed to eligibility gaps among non-citizen women. Decomposition analyses revealed that citizenship differences in educational attainment, occupation, and full-time status accounted for a substantial portion of the disparities in FMLA eligibility.

Discussion. This study highlights how citizenship status stratifies FMLA eligibility among Hispanic workers. Disparities in occupation, education, and employment status contribute to these inequities, which are further exacerbated by structural barriers within the labor market. Policy implications include revising FMLA eligibility criteria to reduce social exclusion and promoting inclusive workplace practices that address bias against non-citizen Hispanic workers. Future research should investigate how language proficiency and social networks influence disparities in FMLA eligibility.