Essay on The Impact of Fmla on Human Resources

2116 Words Jan 10th, 2013 9 Pages
The Impact of FMLA
(Family and Medical Leave Act) on Human Resources

Ehren Hayes
Final Research Project
GB520 – 06
Dr. Pellettiere
Introduction
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
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Human Resource Management professionals reported issues with “tracking/administering intermittent FMLA leave, determining the overall costs incurred while complying with the requirements of the FMLA and determining whether an intermittent serious health condition should be protected by the FMLA.” (Frincke, pg. 7) There are no statutes or policies in the FMLA that states the employee must furnish a doctor’s note, but many state regulations do require it. If there are any questions in regards to the seriousness of the employee’s condition, the employer can ask that documentation be provided if this requirement is made known before hand. There are also situations where an employer may dispute a doctor’s recommendation and they may require the employee to get a second opinion. The doctor will then have to determine that the duties of the employer’s job cannot be performed or the requested leave is medically necessary.
With the exception of maternity, birth or adoption of child, most employees, typically, can only give up to a week or same days notice. Unfortunately, an episodic event or catastrophic health issue doesn’t allow for much notice. Maternity notice averaged about two months in advance. Several legal websites, including Findlaw.com and cpmy.com state that in order to avoid disruption in the work place, the employee’s responsibility is to give “reasonable” notice, which is typically 30 days. If the reason for leave is unexpected,…

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