The Good, The Bad, The Ugly
INTRODUCTION
Public policies have an effect on families that are irrefutable. Among other things they regulate conditions of employment, define eligibility to certain benefits, provide health and education services, and define the responsibility and rights of parents. In this paper, research is done on a selected White House Issue pertaining to the public policy on the Family Medical Leave Act. An overview is given of the issue with the recommendation of the type of public policy that supports the issue. Suggestions for modifications that may positively or negatively impact the outcome of the issue will be discussed, along with a few suggested methods the Constitution addresses in the role of government within business
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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 inception of the Family Medical Leave Act was for several reasons. It was clear that the need for both parents to work was increasing and the “stay at home Mom” position was no longer the norm. It was now necessary for both parents to give financially in order to support the financial needs of the family foundation. The United States Government recognized that by enacting this law they were in fact contributing to the stability of the family structure and the safety and security of innocent children. This also helped
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 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 FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.
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:
An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
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.
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)
If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.
The first big con is the requirements in order to apply for FMLA. Close to half of the American workforce has no FMLA protection. Employers must have at least 50 workers in order to be a part of the requirement. The next con to Family Medical Leave Act is the unpaid leave. Because the FMLA does not currently offer any wage replacement, affordability is primary reason why two-thirds of the people eligible for leave chose not to take it. Many mothers and fathers are not able to take off because they cannot lose the paycheck and go on leave without
The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50 or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor, 2017). To count the
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
Family Medical Leave Act has become a very important issue due to employees and Companies during the last decades. Is it fair or unfair for employees to have a job back after a serious medical situation? Or is it fair or unfair for Companies to grant this benefit to employees? It seems that the majority of people consider that is totally fair for employees to have their jobs back after this circumstance. On the other hand, companies or any job place consider that this affirmation can be denied because it affects them from a financial point of view. As a result, both cases will be properly
While grateful that we have intermittent leave available to help those of us who have, or have family with, ongoing health conditions it is still unpaid. This means that often instead of using the leave people are faced with a choice of tending to their health or getting paid. While you can use your sick and vacation time to cover this additional time away, it would be nice if this could be paid or partially paid similar to the way that other FMLA leaves are paid. Sick and vacation time can go pretty quickly depending on the severity of the illness.
If employees need leaves that aren't covered by FMLA, they need to give 30 days before notice to their manager. If urgent leaves are needed for employees, they must give notice as soon as possible. Their managers would ask employees the reasons of leaves and the period of the leaves. As employees thinks of taking uncovered leaves by FMLA, we encourage them to talk to their employers firstable. They would find good options to take leaves beneficially for both employees and our company.