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FAMILY AND MEDICAL LEAVE ACT
1
Family Medical Leave Act
Leah Guilefuss
MAN3301: Public Personnel Management Professor Beck
September 16
th
, 2023
FAMILY AND MEDICAL LEAVE ACT 2
Family and Medical Leave Act FMLA known as the Family and Medical Leave act was put into law in 1993 by the former president Bill Clinton. This law mandates that most of the companies will provide up to 12 weeks of unpaid leave (Martocchio, 2018). The circumstances that would fall under this law would be illness, adoption, birth of a child, illness of a spouse or an immediate family member. There are a lot of components that come with FMLA (Family and Medical Leave Act) the rules and regulations that come with being able to be safe under that law. The Family and Medical Leave Act (FMLA) was put into place to help workers have a work-life balance when the unexcepted happens with personal life. The main purpose of this policy is to ensure that the employer has equal employment opportunities for all employees. Both females and males qualify for FMLA if they meet the initial requirements that are needed. When an employee is trying to qualify for medical leave, the employee must be employed with the company or organization for at least 12 months. Secondly, the hours that need
to be worked within the 12-month period should be a minimum of 1250 hours. Lastly, the employer has 50 employees within at least 75 miles of the company (
The Family and Medical Leave Act (FMLA) | USAGov
, n.d.). When researching I found that some of the circumstances for
FMLA differ from state to state. For instance, in Florida state, the employees don’t have any paid
leave regulations like some states. Moreover, the only difference with Florida state employees is they can take a longer leave than private sector employees (Malviya, n.d.). The Family and Medical Leave Act applies to employers such as private sectors with 50 or more employees, all public agencies, and all public and private elementary and secondary schools (
FMLA: General Guidance
, n.d.). The organizations or businesses covered by FMLA, there needs to be updated policies and training for FMLA. Human Resources plays a major role
FAMILY AND MEDICAL LEAVE ACT 3
when implementing FMLA for employees. When working with organizations, they briefly go over FMLA in orientation, but it needs to have its own session for how important this law plays into employee’s lives. When under FMLA providing medical documentation is not a requirement when submitting the paperwork. Although, it is recommended to provide a medical certification signed
by a physician to confirm the birth of a child, an adopted child, or an immediate health issue. The
employer can request more documentation regarding the issue and the dates of leave. When an employer is seeking more medical documentation, the employee must sign off for the employer to seek records. The Family and Medical Leave Act can have a negative impact on employees, and the reason behind this is because of the length of employment. Being someone who has been shut down the assistance to keep their job, due to personal family issues and health issues it’s sad. There should be another act like this in place for those who don’t quite meet the criteria. Another
negative impact that FMLA can have on employees is the unpaid leave portion, imagine being a single parent and having no other supplemental income. Sometimes there is no other option and job security is needed, but some policies can have a negative impact. On the other hand, there can be positive impacts as well. The positive impacts that the FMLA can have on an employee are job security, being able
to spend time with your newborn, adopted child, and helping immediate family when in need. The most precious times are within the first 12 weeks of a baby’s life, so any mom that knows they will still have a job after 12 weeks is a relief. Another positive impact of FMLA is that the employer is still required to keep your health benefits going while on leave (
FMLA: General Guidance
, n.d.).
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