Fmla

In: Business and Management

Submitted By Douglasjones23
Words 3559
Pages 15
The What, Why, How, and Who of the Family Leave and Medical Act
Douglas E. Jones
MGMT 5843
Current Issues in Human Resource Management

Abstract The Family Leave and Medical Act is one of the acts approved by Congress to allow for an employee to have a certain amount of time to deal with a medical emergency. In this informa-tional paper, I will discuss the 4 major reasons for implementing of the FMLA. I will begin with what is FMLA, that is a thorough definition of FMLA and what it was originally intended for. Then I will proceed with the why of FMLA. Why was this act proposed and why was it passed into law. Next, I will discuss how the FMLA works. How is it supposed to work and is it actual-ly working? Included in this, I will present some case studies to that will present different as-pects of FMLA. And finally I will discuss who uses FMLA. Who was it intended to help, who it is actually helping and who it is harming. Also, I will present case studies that will either confirm or deny if the FMLA is working. Finally I will offer some possible solutions to help to fix what is broken with FMLA and even possibly offer some suggestions for further research on FMLA.
Introduction
FMLA is designed to allow certain family members up to 12 weeks unpaid leave for family emergencies. It was enacted in 1993 but has had some changes made to it due to legisla-tion. FMLA was originally designed to cover both employees and employers. Since its inception, there were some issues with it and the government and several other agencies have worked to-gether to attempt to make FMLA better and more manageable. All employers with 50 or more employees are "covered employers" under FMLA, the same is true for public employers of primary and secondary schools, regardless of the number of employees (Rosseau, 2008, 97). Does this hurt or help the small business? The…...

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...nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based upon financial or physical responsibilities. Lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion, Herman violated the FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave. Many employees may have felt bad but, yet, they still have the love for their family members, especially biological parents. A good example could be inferred from ANTHONY G. MARTIN, versus BREVARD COUNTY PUBLIC SCHOOLS, Florida case, 2008 where Mr. Martin had to take care of her newly born granddaughter using FMLA leave as a loco parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA The Family and Medical Leave Act (FMLA) act of 1993 applies to all employees who are public agencies, including state, local and federal......

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...Family And Medical Leave Act The Family and Medical Leave Act were signed by the President on February 5, 1993. "The Family and Medical Leave Act (FMLA) provide employees job protection in case of family or medical emergency. FMLA permits eligible employees to take up to 12 workweeks of unpaid leave during any 12-month period." (Martocchio, 2003) When an employee must face to some certain special situations that need stop working temporarily due to the employee’s illness, employee’s family illness, the employer should give the right to the employees to look after their family member or themselves. To help employees balance work and family life, the government enacted the Family and Medical Leave Act. And this labor law must be applied in a variety of work places by affecting the employee’s benefits and employer’s policy. As a result, FMLA which have influenced the employees and employers a lot is essential for all the workers. Family And Medical Leave Act Prior to the FMLA, many employees can not handle the problems that need them to have a medical and family reason leave. When employees make a request for leave, the employer can deny them for any reason, and employees also could be fired for having family and medical leave. Or sometimes workers changed their work, even within the same firm, the workers may not be treated the same about the leave."Some employers had formal leave policies that were applied uniformly to their workforces while others had informal......

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...One of the FMLA laws that was revised was it entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The FMLA also includes certain military family leave provisions. The Department of Labor issued a Final Rule on February 25, 2015 revising the regulatory definition of spouse under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. This will ensure that the FMLA will give spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights. The effective date for the final rule is March 27, 2015. So what that is saying now is that it does not have to be a man that a woman is married to and the partner of the woman as long as they are married can also have leave. It does not have to be the opposite sex no more. It as well says that it does not have to be the state that you were married in as well. About time it is changes. The Department has moved from a “state of residence” rule to a “place of celebration” rule for the definition of spouse under the FMLA regulations. The Final Rule changes the regulatory......

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...should not be a reasonable issue. After the thirteen weeks of leave she was asked to return to work, but she thought that she had an additional twelve weeks of unpaid FMLA leave. The Department of Labor states, "The statue was intended to provide twelve weeks of FMLA leave, with the employer having the right to substitute accrued paid leave for unpaid FMLA leave. This will not only affect employers, but consumers as well. Take an employee for instance that is bringing home about 1000 per week. ent is a reasonable time period and if firms want to extend their policies to benefit their employees they are allowed to do so. In another such case a company gave their employee thirteen weeks of paid leave. Using the statistics from above we can see that if 78 of women and 54 of men are taking their twelve weeks of leave and getting paid for it, there will be a considerable amount of money lost by companies. The courts have determined that there are a broad number of aliments that fall under the category of serious health conditions. To most firms that is not a obsolete amount of money. So now you have an employee who hasn"tmt worked in three months that made 12,000 for doing nothing. If the government continues to allow workers take FMLA leave for any inadequate reasons no one will be working. By keeping the outlines for FMLA leave within a strict guideline the law will not be taken advantage of as much....

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Fmla

...in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The Family Medical Leave Act specifically states that an employee has the right to take advantage of the FMLA benefit that he/she is covered under to take care of a member of family such as child, spouse, or parent in serious health conditions. There is no rule that exempts a child from caring for the parent regardless of the relationship, or financial responsibility (Halbert & Ingulli, 2011). In the video between Tony and Herman, Tony explained to Herman that he had intension of taking care of his sick father. Herman agreed with the idea, but then disagreed about the caring of Tony’s father once Herman found out that Tony wanted to take a 3 week leave. Herman’s excuse to Tony was that Tony was a great salesman and offered Tony to take leave in the next few months, but not now since the dealership was selling cars quick. Since Tony was planning to take the leave on such a busy time of the year, Herman threatened Tony that he would be losing his job is he decided to take care of a stranger that was in his own home. Herman did violate Tony’s right to care of his father regardless of their relationship and the threat was unacceptable if Tony is covered under the FMLA. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. It is important to under that if a company has more than 50......

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