Family And Medical Leave Act (FMLA)

The website, whitehouse.gov it states that, “Only 39 percent report being able to take some type of paid family leave for the birth of a child.” Not all the workers were offered paid leave or any of the benefits it provides. Workers should be allowed to take time off to care for their child as they require extensive attention and care. The parents should be granted family rights along with individual rights.  The website also mentions how not only businesses but families will benefit as their economy overall would benefit since making full use of American talent requires policies that let workers better balance their family lives. Aside from work benefits parents will save money on baby essentials such as clothing, diapers, and formula as the expenses will be covered by their employer. Babies are healthier when their parents can afford them and cover all of their baby’s expenses. Along with raising a healthy child, maternal leave also impacts the mother’s health as they get to bond with their child without worrying about any job-related

Some of the disadvantages that the employer faces are not being able to predict when employees will be taking FMLA leave, causing them to make last minute changes to work schedules and the understanding of what is considered to be a serious illness. A recent survey reported by Ioma, a leading business management organization, states that the Society for Human Resource Management (SHRM) found that 68% of organizations have experienced challenges in administering medical leave under the FMLA. These challenges include:

Employers are limited to what they are allowed to ask and employees are allotted time off before being required to provide medical documentation supporting their request for leave. These gaps in detail in the documentation of the Family Medical Leave Act are giving dishonest employees an opportunity to obtain time off without any due explanation. Sue Sumler from the Manufacturers' Alliance/MAPI explains the problems caused by a vague definition of serious health condition. "Because the definition of a 'Serious Health Condition' is vague, almost any¬one can find a physician to certify that they have a chronic condition that meets the definition. Many of this company's intermittent leaves are for migraine headaches. The physician certifies that migraines may occur at any time. Some employees approved for leave for migraine headaches miss four-five days a month and more. For some, it appears that FMLA has given them an extra 60 days off work."

For example, legislating paid sick days opens the door to abuse by employees. Some employees may use these days as vacation without notifying their employer or a specific reason for their absence. This will often leave employers scrambling to find replacements for absent workers, which can put some small businesses in trouble. Abuse of these paid sick days translates into loss of money for businesses and higher costs for consumers.

The company in which employee A works for is considered a covered employer because the company employs more than fifty employees for which is assumed for more than twenty weeks each year. Employee A has worked for the covered employer for two years, which makes him a covered employee based on the given information. Employee A was not required to give advanced notice due to the unforeseen circumstances of the premature birth. Upon employee A’s return, he was given his original job back along with the same rate of pay. Since employee A took leave under the FMLA, his leave is considered unpaid and the eleven weeks of pay are not required to be given to the employee. In the case of employee A, no violation has been committed.

The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.

In 1993, the FMLA act, which serves the needs of families trying to balance work life and the needs of the families their working for, was established. This act was amended on October 8th, 2009 to extend entitlement rights of military caregivers.

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

As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects “whistleblowers” against retaliation as a result of filing an age discrimination

The other Federal law, the Family and Medical Leave Act gives added protection. The Family and Medical Leave Act went into effect August 5 1993.

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

Paid family leave is highly supported amongst many employed parents in the United States, and is

The lack of a paid parental leave law in the country does not necessarily mean that it is absent in the U.S. labor market. Some generous and more progressive companies do recognize the importance of the leave to employees and do offer it. According to the Employee Benefits Survey of 2015, 21% of employers nationally offer some paid maternity leave while 17% offer some paid paternity/adoption leave. However, about a fifth don’t have any kind of protected maternity, paternity, or adoptive leave. (Ray, 8; Time, n. pag.)

5. Should employers be able to resist employee’s high risk behavior? Why or why not?

When a law is passed, it can have a large effect on the citizens of that area. It has been said that the first year of a child’s life is the basic foundation of their entire life. In order to make that first year successful, money, time and of course love are critical. However because the current policies that exist in America, mothers are denied an easy balance between work, money, and time for their children. The current policies regarding maternity leave are extremely outdated and need to be reformed to accommodate mothers in this day and age. If I could create a law in America, it would be a law upgrading the Family and Medical Leave Act, requiring all employers