Expanding the FMLA in CAlifornia Essay

The Family and Medical Leave Act of 1993 is known as “FMLA.” The FMLA Act was signed into law by President Clinton. The 1993 bill was an election promise of President Clinton's during his first campaign. The president signed the bill into

Before the Affordable Care Act (ACA) some employees accepted plans that had poor coverage or had other barriers to accessing care. These plans affected individuals who had expensive and chronic health status by receiving large bills or not receiving any medical treatment. When someone is employed and meets the employer’s conditions, it may take a few months to get health insurance. The fastest growing group without insurance were childless adults because they were less likely to get employer plans or other insurance. When the ACA passed in 2010, employee sponsored health insurance began to change. Health coverage expanded from covering the recommended preventive services without the need to share the

If not administered properly employers can face fines as well as lawsuits. For instance an employer that willfully does not post required FMLA information for employees to view can be fined $110.00 per instance. If they do not approve eligible leave? They are looking at paying the employee wages that would have been allowed for time period in questions plus attorney and court fees, which can really add up. (Kavanagh, 2015)

The FMLA benefits the employer by allowing him or her to excuse his employees for medical conditions or family issues. This benefits both the employer and employee in allowing them to both know that their can be a balance between the workplace and family life. (dol.gov)

The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).

Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).

Last year Congress passed the Recognize, Assist, Include, Support and Engage (RAISE) Family Caregivers Act. This act supports and advises families with caregivers. "This bill directs the Department of Health and Human Services (HHS) to develop, maintain, and periodically update a National Family Caregiving Strategy." (www.congress.gov) Former President Barak Obama also supported contributed to the AARP organization by creating the Obama Care Bill. This bill helped families of any age receive health care. The Federal government is also tackling the illegal discharge of patients in nurse

The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers

The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered

Third, the ACA regulates health care coverage in the United States. According to Lussier et al. (2016), the act mandates that all employers with more than 50 employees provide their full-time employees with health care coverage or face penalties for failing to do so” (p. 494). This act specifies that if organizations choose not to provide employees with benefits, they will be forced to pay a penalty for each eligible employee. However, organizations that do offer employee health and retirement plans must meet minimum requirements and comply with ERISA (Lussier et al, 2016). Employers and employees

What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care for an infant, such as newborns, newly-placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the protections provided by this law. (Vikesland, 2009)

According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by

Family and Medical Leave Act can be costly for employers. When Congress formulated the FMLA law, what was not forseen was the open door to abuse by irresponsible employees and the detriment imposed on the healthcare and public service sectors. According to a study by the Employment Policy foundation, a Washington, D.C. research group, FMLA cost employers over $21 billion dollars in 2004. This represents the most current statistical information available.

Recently, the Affordable Care Act (ACA) celebrated six years since the law’s passage. During that time, there have been many debates and slow changes to the United States healthcare system. One area that has been debated is in regards to employer-based health insurance along with the advantages and disadvantages in providing this type of coverage. Since there is more information about the expansion of health insurance options and how the exchange sponsored insurance plans are functioning, the discussion on if employer-based health insurance is beneficial or detrimental will be examined.

Employees who have not worked for a covered employer for more than 12 months or 1,250 hours are deemed not eligible for FMLA. One modification to the policy would be to allow these employees the same benefit as if they have been employed for the 12 months. This would be a positive impact on the policy by giving employees who ordinarily cannot afford to take a leave without pay. Under the FMLA, with the suggested modification, employees could use paid leave. Another positive modification would be to extend the ‘during the 12-month period’ to ‘during the 24-month period’; which states that an employee can only take FMLA once within the 12-month period (for non-military reasons) if the 12 weeks have been exhausted. According to the US Dept. of Labor; “eligible employees may take up to 12 workweeks of leave in a 12-month period” (The Family Medical Leave Act - Wage and Hour Division (WHD), 2012). Some leave may require an employee to use repeated family medical leave such as, caring for a child with a terminal illness (cancer, multiple sclerosis). One modification that could have a negative impact on the modification of FMLA would be if the extended time is approved and the employee uses the paid leave and does not return to work. This would mean that the company, who has held the position for the employee, now has to seek others to fill the position, and the company has lost money. Benefits were paid on behalf of the employee and life insurance policies were kept active. Additional record keeping is required, and coordination of benefits per policies. Other negative impacts from policy modification could include excessive absenteeism, decreased productivity, moral problems, and inability of co-workers to balance their own work and family demands. “Although the FMLA was intended to provide job security, it may have just the opposite effect if excessive absenteeism jeopardizes an employer’s relationships and