Collective Bargaining & the Family and Medical Leave Act The Famili and Medical Leave Act (FMLA), permits qualified employees to take prolonged, unpaid leave for family- and health related reasons without fear of losing their jobs. However, the FMLA doesn’t reduce the employment benefits that have been bargained for by union members in a collective bargaining agreement. The FMLA sets a minimum, and unions may still bargain for benefits in excess of those required by the law. Union members also benefit from the FMLA because collective bargaining agreements that do not meet FMLA standards can be voided. Union members can seek redress under both the FMLA and the collective bargaining process.