This paper discusses the Family and Medical Leave Act (FMLA), which was signed into law in 1993, one of the most important pieces of labor legislation ever enacted in this country.
Written in 2002; 4,070 words; 15 sources; MLA; $ 109.95
Paper Summary:
This paper reports that the FMLA requires all covered employers to grant their eligible employees up to 12 weeks of unpaid leave in a 12-month period for four main reasons: To give birth or to take care of a newborn child; to adopt a child, take in a foster child or to take care of a newly placed child; to care for sick family members, meaning a spouse, child or parent and allows employees who are ill and unable to work an extended leave period. The author feels that the greatest problem with the FMLA lies in the difficulty of determining what counts as a "serious health condition". This paper quotes studies that show that the FMLA has not resulted in greater hardships to companies and businesses or in increased worker absenteeism.
Table of Contents
Overview
History
Assessing the FMLA's Effects
Problems with Implementation
Employee Concerns
Problem Areas
FMLA Reforms
Employer Reforms
The Next Step?
Conclusion
From the Paper:
"While employer complaints are mostly anecdotal or backed by private-interest research groups, these successful court decisions set precedents that demonstrate the need for FMLA reform. First, there is a need to clarify what illnesses fall under the classification ?serious health condition.? Critics argue that current definition of a serious health condition is too broad, including minor illnesses that are already covered by sick leave policies. In addition, while many workplace policies already provide for chronic conditions, employers believe that the FMLA regulations regarding chronic illnesses are particularly prone to abuse. Advocates thus believe that FMLA reforms should start by disqualifying short-term illnesses and other conditions with relatively brief recovery periods. Employers should also be given the right to verify the medical information on an employee's health form directly from the healthcare provider. Employers and human resources professionals have also identified several problems with the complicated procedures regarding leave requests and notices."
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