Family Medical Leave Act: A Case Study

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed

Furthermore, the FMLA excludes employees in most workplaces having fewer than 50 employees and excludes employees who do not have sufficient tenure (Armenia, Gerstel, Wing, 2014). According to surveys, most worksites are not covered by the FMLA because they're too small even though more than half of employees are eligible for the protections of the FMLA (Kelly, 2010). Only 1 in 6 worksites reports that it is covered by FMLA with about 30 % of worksites reporting that they are unsure if they are covered (Kelly, 2010). These uncovered and unsure worksites tend to be small and covered worksites tend to be larger (Hayes et. al, 2012). Then, only 59 % of American workers and less than 20 % of all new mothers are eligible for the FMLA (Sholar,

In all instances of the FMLA, your job is protected, there are no federal guidelines to dictate your employer is responsible for covering lost wages during this period of leave. Your employer is only responsible for retuning you to your previous or similar position at the same rate of pay that you were receiving when you started your leave.

The Family Medical Leave Act or FMLA allows for employees to leave work for a

     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

     Over the years, FMLA has evolved into a one of the most discussed and complex laws in the United States. Since 1993, over 35 million eligible workers have

“The FMLA can have a negative impact on both small and large employers due to the law’s regulatory and administrative complexity” (Leonard, 2000). FMLA created a sense of burden for employers and their management team, as they were responsible in finding suitable replacements to fill in for employees who are out on FMLA leave. This would have eventually slowed down the employer's productivity causing profit losses, which employer's do not want to see happen.

In 1993, the United States passed the Family and Medical Leave Act (FMLA). Under this act, eligible employees are entitled to twelve weeks worth of unpaid, job-protected leave (with continued health insurance coverage as if they had not taken leave) per year for the following reasons: the birth and taking care of a child one year or younger; to care for an adopted/foster child for 1 year after the adoption/placement; to care for a spouse, child, or parent who has a serious health condition; a serious health condition that prohibits the employee from during their job; or any need that may arise due to the fact that the employee’s spouse, child, or parent is a covered military member on covered active duty. Eligible employees are also entitled to twenty-six weeks per year to care for a covered servicemember with

In the United States, maternity leave is considering under the Family and Medical Leave Act. The Family and Medical Leave Act was constructed by the U.S. Department of Labor in 1993. This act states, “an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following: (A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter. (B) Because of the placement of a son or daughter with the employee for adoption or foster care. (C) In order to care for the spouse, or a son, daughter, or

As I am sure you know the Family and Medical Leave Act (FMLA) took effect in 1993 to help balance workplace demands with the medical needs of employees and their families. The Act allows qualified employees to take up to 12 weeks of unpaid leave during a 12-month period. According to the Department of Labor website you may also use FMLA for what is referred to as "birth and bonding" an extended parental leave for the birth or adoption of a child, and for bonding with a new foster child. However, the United States is the only industrialized

Review of FMLA: A major provision of the Family and Medical Leave Act of 1993, is the right for eligible employees to take 12 work weeks of job-protected, unpaid leave. In order to be considered an eligible employee, employees must be employed by a covered employer for a minimum of 12 months prior to submitting an application for medical leave under FMLA. The employee must also have worked a minimum of 1,250 hours during that same 12 month period as noted in the Wage and Hours Division Employer’s Guide to the Family and Medical Care Act.

An employee on FMLA leave is entitled to health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. Since Congress passed the Family Medical Leave Act in (1193), it has been estimated that between twelve and twenty million workers have made good use of the right.

In this situation, the employee requested and was granted leave to be with his spouse who had given birth to premature twins. The Family Medical Leave Act, requires that Company X provide the employee with up to 12 weeks of leave per calendar year to care for his own health needs, or those needs of an immediate family member, such as a spouse, parent or child. Employees are eligible for up to twelve weeks of FMLA if the company has more than fifty employees, who commute within seventy-five miles of the work location. Company X and it’s employees met this qualification. FMLA leave can be taken be continuously, intermittently or even at a reduced schedule, such as half-days. In order for any employee to request FMLA leave they must have worked for the company at least twelve months prior to requesting the leave, and they must have worked at least 1250 hours. The FMLA provides job protection for employees needing to take time off in order to address any personal sicknesses, health issues, or those of their immediate family members, such as the one presented in this situation. FMLA guarantees that the employees current job, current salary, along with their health benefits remain intact during the time they are on leave and while they are attending to the health situation. When the employee returns they must be put back into either their former position or a position that is equal to the one that they left if their former position was required to be filled. According to