The Family Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) became public law on February 5, 1993. Its purpose is to grant family and temporary medical leave under certain circumstances that will allow the employee to balance the demands of their job with the needs of their families. Some examples of eligible leave are: for the birth or adoption of a child, to care for an (eligible) family member that has a serious health condition or because the employee themselves have a serious health condition and is unable to work for an extended period of time. Further, the FMLA was enacted in order to minimize employment

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.

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

Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the requirement of providing 30 days’ notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave.

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).”

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)

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.

Before 1993, there was no family and medical leave legislation in the United States. It was the only major industrialized country without one; and at that time, employers had the legal right to fire employees who needed to take time off to look after seriously ill family members. They could even legally fire women that required time off for pregnancy and childbirth if they were also denying time off for employees who were not pregnant when they were unable to work (Albiston, p. vii).

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

The workplace has changed in many ways. In the past there was stereotyping, gender discrimination, bad conditions, and less freedom and benefits for employees. Nowadays employers take precautions not to make any of those blunders. New laws and company policies helped improve the workplace. One reform that was established was the Family Medical Leave Act of 1993, also known as the FMLA. This act helped employees and employers take personal leave. The main reason why the Family Medical Leave Act was created was due to gender discrimination. Females were allowed to take leave due to the stereotype that mothers have to take care of the family. Men were discouraged and less likely to take off. The FMLA helped equalize the ability to take leave for

The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).

With regards to the Family and Medical Leave Act of 1993 (FMLA), Company X is in full compliance. The FMLA clearly states that if an employee of a company that has been with a company for more than 12 months, they are entitled to 12 weeks of unpaid, job protected leave every 12 months for qualifying events. Qualifying events would be considered as, but not limited to, child birth, serious medical injury or the placement of a child into adoption or foster care. There is a secondary provision in place that would allow you to take 26 weeks of unpaid, job protected leave for the care of a covered service member for serious injury or illness.

The Family Medical Leave Act, deals with the laws regarding “eligible” employees taking off up to twelve weeks of unpaid leave for their child's birth, adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of 1,250 hours in that year. “The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave” (Vikesland, 2006).

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