This year, the Family and Medical Leave Act (FMLA) turns 30. In that time, it has enabled millions upon millions of Americans to get the care they need or be there for their families. However, the law’s restrictive eligibility criteria mean that nearly half of all employees are not covered. Moreover, even for those who are covered, FMLA leave may be unpaid, making it out of reach for those who cannot afford to go without a paycheck.¹

The [FMLA’s] restrictive eligibility criteria mean that nearly half of all employees are not covered.

This fact sheet highlights one group of workers especially likely to lack the leave protections they need: restaurant workers.

Who are restaurant workers?

Nationwide, 11.7 million people work in food services and drinking places,² making up about 9 percent of all private sector employees:³

• Fifty-four percent of all restaurant workers are women, including nearly 70 percent of servers.⁴
• Among women in the industry, more than a third are mothers, and of those, more than half are single moms.⁵
• About half of restaurant workers are people of color, and almost a quarter are immigrants.⁶
• Restaurant workers are young: The median age in food preparation and serving-related occupations is just 29.2 years old.⁷ More than 40 percent of those in these occupations are under 25, more than triple the percentage (12 percent) of those under 25 across all employment.⁸

What is the Family and Medical Leave Act?

The Family and Medical Leave Act (FMLA) is a...

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