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FMLA Eligibility Disparities Among Hispanic Workers Exposed

Strategic Insights

— 1 min read

A recent study from the University of Missouri has exposed significant disparities in eligibility for the Family and Medical Leave Act (FMLA) among Hispanic workers, particularly among those who are non-citizens. The research, published in the American Journal of Industrial Medicine, highlights the need for a national paid family and medical leave policy to address these inequities. The study analyzed data from the 2018 Current Population Survey, involving over 5,600 participants, and found that Hispanic non-citizens faced significant barriers to accessing FMLA benefits, with only 38.9% of non-citizen men and 42.2% of non-citizen women meeting eligibility criteria compared to over half of their citizen counterparts.

Key Takeaways:

  • Hispanic non-citizen men and women face significant disparities in FMLA eligibility, with only 38.9% and 42.2% meeting eligibility criteria respectively, compared to over half of their citizen counterparts.
  • Employer size, job tenure, and minimum work hours are the primary criteria that drive citizenship disparities in FMLA eligibility among Hispanic workers.
  • Decomposition analyses revealed that educational and occupational differences explain roughly half of the employer-size citizenship disparity among men, while occupation, full-time status, and education account for 85% of the employer size disparity among women.
  • Job tenure and full-time status are significant predictors of FMLA eligibility among Hispanic workers, with age, residency duration, and full-time status explaining nearly 75% of the job tenure citizen gap.
  • The study's findings suggest that addressing occupational segregation and educational barriers, as well as modifying eligibility criteria, are crucial to mitigating disparities in FMLA eligibility among Hispanic workers.

Statistics:

  • 38.9% of non-citizen men met FMLA criteria compared to over half of their citizen counterparts.
  • 42.2% of non-citizen women met FMLA criteria compared to over half of their citizen counterparts.
  • 85% of the employer size disparity among women is explained by occupation, full-time status, and education.
  • 75% of the job tenure citizen gap is explained by age, residency duration, and full-time status.
  • 5632 individuals participated in the 2018 Current Population Survey.

Sources:

  • Citizenship Status and the Family and Medical Leave Act: Examining Inequities in Eligibility Among Hispanic Workers. American Journal of Industrial Medicine, 2025;68(10):881-895.
  • American Journal of Industrial Medicine, (Wiley-Blackwell - www.wiley.com/; American Journal of Industrial Medicine - onlinelibrary.wiley.com/journal/10.1002/(ISSN)1097-0274)

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