Fmla Effectiveness

America being one the most industrialized nations it is shocking to most to discover that it does not provide a more beneficial maternity leave when compared to its European counterparts. Not only is Europe leading the way for a lengthier leave of absence for new mothers, they also provide financial benefits to those families with newborns, to American society this is not considered a cultural norm, in fact it is even bizarre to some that having a child while in the work force would even be beneficial. Consequently, the difficulty in accessing a reasonable maternity leave in America creates long term effects on a child’s development.

Becoming a parent is beautiful yet stressful time in many people's lives. Emotions of joy and worry fill the mind of expecting parents as they work to provide a loving and financially stable home for their family. Both parents wish to actively support their child and their spouse during this time of transition, however, corporations are making this task difficult. Maternity leave is a benefit that most companies provide, but only for their female employees. Male employees are not given the same opportunity to share the responsibility of childcare with their wife or to develop a bond early on with their child. Providing fathers maternity leave would give them time to dedicate themselves to the growth of their child, allow the mother to heal from giving birth, and promote equality within the family unit and in the workplace.

As we move into the new millennium more and more employers are allowing, some are even encouraging, their employees to bring their newborn babies to work with them. This is probably one of the greatest changes in child care norms that this country has seen in the past 30 years. Once upon a time, when a woman had a baby she almost always quit her job to raise her child, depending on her husband to support her and her child. Then along came the idea of maternity leave. This is when a woman takes a certain amount of time off to be with newborn. Once this time period was up, the woman still had a job to go back to. This meant that women no longer had to rely on their husbands for support. Unfortunately it also

The negative mind-set of employers on pregnant employees plays an important role in causing discrimination. Women’s performance ratings were seen to decline after being pregnant, from “superb” to “terrible” as shared by one victim of pregnancy discrimination. This is because they are perceived as “overly emotional, often irrational, physically limited, and less than committed to their jobs” as compared to their non-pregnant woman counterparts and are hence “less valuable and dependable.” There is also the problem of additional workload for remaining staff or the potential need to hire temporary staff to tide over the maternity leave period. To compound the issue, employers suffer uncertainty as to when the employee will return to work, or worse, the employee leaves for good after their maternity leave period. In fact, a study done shows that only 60% of women go back to work within two years of their maternity leave. It is hence unavoidable that employers, being cost sensitive, worry that all the extra cost incurred will ultimately become a meaningless loss if their pregnant employees do not return to work.

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

website. This link will take to the user to a new page where the user will then click a link titled “Family and Medical Leave Act (FMLA).”

The FMLA was the first legislation that Clinton signed after taking office. After that, employers and employees who are supporter of FMLA amended this to make sure it was incorporated in more workplaces and to help provide for paid leave instead of unpaid leave.

For this article, we were asked to research a subject related to our academic studies. Since I am attending in hopes of getting a degree in Human Relations, I chose Family Medical Leave Act, FMLA, as my subject. I currently work in Human Resources and handle FMLA cases as part of my responsibilities; however, there is so much involved I struggle with always knowing the proper steps to take with each case. Therefore, for this assignment, I thought I would take advantage of this opportunity and choose a subject that would not only complete the assignment, but also help me in my work life.

Although current federal and state level legislation guarantee some protections, these policies do not cover all new parents. Parents must have worked a minimum of 5 months while contributing to State Disability Insurance to receive 55% of their salary during 6 weeks of their parental leave, and must have worked with an employer for 1 year to quality for 12 weeks of unpaid leave (“About Paid Family Leave (PFL),” n.d.). Parental leave is not accessible to all adults in the United States because of these requirements, and therefore makes early parenting even more challenging for working adults. Nationally, the trend for mothers on maternal leave has stagnated, although the US economy has expanded (Zagorsky, 2017).

Pregnancy and early child development is a fundamental aspect of human society, and is pertinent to the development of a successfully functioning community. The developmental and social progress of any civilization relies on children, as they will compose the future working population. Therefore, a mother or father’s involvement in the child’s development is of extreme importance, which is why family leave has been implemented all over the world. Family leave refers to the period of time granted to the employee to care for their newborn child. As communities evolve economically, financial stability is necessary, for what is perceived to be socially successful for a child’s development, which is why paid family leave is popular throughout the world’s nations. However, ABC News reports that “the U.S. is only one of three countries in the world that don't offer paid maternity leave” (Kim, 2015); the same is true for paternity leave. The United States government has an interesting track record dealing with family leave, but in order to analyze what the US government and advocacy groups have done to solve this issue, there first needs to be an understanding on why this issue is so difficult to resolve. The arguments that support and oppose paid family leave in the United States are equally valid, therefore causing a stalemate in the attempted policy making of legislative bodies.

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.)

The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8). Whilst one could refer to this as maternity or paternity leave if taken because of a pregnancy, this would not be strictly true. Where maternity and paternity leave are offered around the

A woman is eligible for “Maternity leave” if, “She is absent from the employment for a period not exceeding eight weeks for the purpose of giving birth; or if she gives her employer at least two weeks of notice of her anticipated date of departure and intention to return.” (“Maternity Leave Act”, 2007) Thanks to these numerous regulations and rights, in these specific circumstances the employees have to be treated fairly, and cannot be discriminated. There are legal penalties when employees are not treated

A mere 12 weeks is the amount of unpaid maternity leave promised to working mothers under the Family Medical Leave Act (FMLA) in America. Although many mothers-to-be gladly take the dozen weeks off, American families are at a disadvantage compared to other families around the globe. The United States is the only industrialized nation in the world that does not guarantee or even offer paid maternity leave for working mothers; employers decide whether to provide paid leave for mothers. In the last few decades, more women have traded their aprons for briefcases. However, working women in the United States must choose to raise families while keeping their jobs. Currently, women in the United States must choose between their kids or their career. Mothers who decide to have families must stay at home with a new baby with no guarantee of a paycheck. New mothers should be guaranteed six months of fully paid maternity leave in the United States because they need to restore their health, paid leave helps the economy, and it promotes better health of the baby.