The Family and Medical Leave Act

Paper Summary:

In this article, the writer examines The Family and Medical Leave Act (FMLA) that was enacted by congress in 1993 to guarantee employees time off for family or medical emergencies. The writer explains that the FMLA covers up to 12 weeks of unpaid leave per a 12 month period and requires the employer to restore the employee to the same or equivalent position with equivalent compensation. The writer maintains that while it may seem pretty straight forward, there are several grey areas in the law. The writer examines the history and the pros and cons related to this Act. Further, the writer looks at some scenarios related to the FMLA. The writer concludes that it is likely that the FMLA will continue to evolve as time goes on and that changes will only serve to add more protection to those affected by this important act of worker protection.

Outline:
FMLA History
Pros
Cons
Examples
Conclusion

From the Paper:

" Just as the majority of the pros fall on the side of the employee, the majority of cons appear to fall on the side of the employer. The FMLA requirements can cost money. Holding a position for an employee while paying to train and employee a replacement can be considerably more expensive than the alternative. On the plus side, most small businesses are exempt as the FLMA excuses businesses under fifty employees from the law. This still does nothing to help medium as large businesses. Another con related to the FMLA is the expense of extra training for human resource employees to make certain the company remains in compliance with the law. Anytime a new employment law is passed or an existing employment law is revised proper training must be offered to ensure compliance."

Sample of Sources Used:

• Cheeseman, H. R. (2007). The legal environment of business and online commerce: business ethics, e-commerce, regulatory, and international issues (5th ed.). , : Prentice Hall.
• Duffy, S. P. (2008). FMLA doesn't shield worker from firing for other reason. The Legal Intelligencer, (), Retrieved November 29, 2008, from General OneFile database.
• Greenwald, J. (2008). Court rules for worker in FMLA case; appeals court focuses on supervisor who warned of possible job loss. Business Insurance, 42(43), p. 4. Retrieved November 29, 2008, from General OneFile database.
• Siegel, P. R. (2008). Expansion of family leave act will likely continue. Miami Daily Business Review. Retrieved November 29, 2008, from General OneFile database.
• Tolle, N. L. (2008). Employer did not interfere with employee's FMLA leave when it had "honest suspicion" that she was not using leave for its "intended purpose". Employee Benefit Paln Review, 63(5), p. 17. Retrieved November 29, 2008, from General OneFile database.

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