Abstract This paper discusses the 1993 FamilyMedicalLeaveAct (FMLA). The paper explains the intention of the Act to remove gender bias involved in child care, claiming that firms might offer maternity and child-care leave to mothers, but rarely offered any sort of similar leave to fathers. The law also encompassed the worker's need to care for aging and infirm parents. The paper determines that the requirements of the FMLA were limited to firms with more than 50 employees, but it is reasonable to consider any firm with fewer than 100 employees to be a small business, running leaner than larger ones, and with less capacity to absorb loss of key workers, and in some cases, any workers, as well as less power to withstand the costs of complying with the law.
Outline
Introduction
Issue Statement
Methodology
History
Data Narrative
Findings and Recommendations
Conclusions
From the Paper "The Family and Medical Leave Act (FMLA) has a long history behind it, and it has a long road ahead of it until it begins to create the sort of 'cradle' for employees enjoyed in 98 percent of the rest of the world's nations. Meanwhile, it is spottily applied, bureaucratically run, and covers-inadequately, arguably-only 60 percent of the U.S. workforce. Despite its shortcomings, or possibly because of them if one considers the totally private price tag on the FMLA, it has enormous negative effects on businesses with fewer than 100 employees. (Phillips, 2002) Fortunately, it has no effect, yet, on those with fewer than 50 employees, although moves continue to arise pushing to extend the FMLA to cover business with as few as 25 employees, still under the privately paid design that punishes even the largest of the small companies. (Under the act, all government agencies regardless of size are encompassed in the Act's requirements.)"
Abstract This paper discusses the FamilyMedicalLeaveAct, or FMLA set up in the USA to allow working mothers and certain caregivers to be able to take a leave of absence from their jobs for the purpose of caring for newborns or other family members. The research presented discusses the application and implications of FMLA in order to provide a better understanding. The paper maintains that, while the government has a responsibility to look out for families, as it has done with FMLA, it also has a responsibility to protect businesses from excessive regulation.
Outline:
Introduction
Application of the FamilyMedicalLeaveAct Implications of the FamilyMedicalLeaveAct Conclusion
From the Paper "In 1993, the administration of President Bill Clinton created and passed the Family Medical Leave Act, or FMLA. This set of regulations was designed to allow working mothers and certain caregivers to be able to take a leave of absence from their jobs for the purpose of caring for newborns or other family members in need of care that the working caregiver would be providing (Canty, et al, 2007). While on the face, it would seem that this is an excellent way to facilitate the wellbeing of families, the application and implications of FMLA in some cases means something quite different to employers. This research will discuss the application and implications of FMLA; upon conclusion of the research, all facets of this legislation will be better understood."
This paper addresses the Family and MedicalLeaveAct of 1993. It examines why it was created and passed, as well as its effects - both positive and negative - on the economy and the workplace.
2,400 words (approx. 9.6 pages), 5 sources, 2002, $ 89.95
Abstract This paper addresses the Family and MedicalLeaveAct of 1993. It examines why it was created and passed, as well as its effects - both positive and negative - on the economy and the workplace. The Act provides unpaid leave for both parents when a child is born, but many choose not to take this leave because it is unpaid. The paper also addresses shortcomings of the Act and how it could be expanded in the future.
Tags: AMERICAN STUDIES AND HISTORY / ECONOMICS, LABOR, familymedicalleave
Abstract This paper discusses the history, application, and current environment concerning the Family and MedicalLeaveAct (FMLA) of 1993. The paper also discusses the roots of the FMLA and its application in the current employment environment.
From the Paper "In the United States Congress passed into law the Family and Medical Leave Act (FMLA). The purpose of the FMLA, as enacted by the Congress, is to allow employees to take time off from work for family or medical reasons without fear that their employment would be jeopardized or terminated as a consequence. A majority of the individual states also have legislation in place allowing for a leave from employment for family or medical reasons..."
Tags: government, legsilation, Family and MedicalLeaveAct
Abstract This paper analyzes the FamilyMedicalLeaveAct (FMLA) of 1993. It discusses the purpose of the law and how it has assisted employees who are eligible for it. The paper looks at who the law applies to and what conditions it guarantees, as well as what provisions it makes. Finally, the paper discusses the limitations to FMLA's coverage.
From the Paper "Although the FMLA is very specific and the DOL has clearly explained provisions of the law, it has been the subject of some controversy. In Nevada Dept. of Human Resources v. Hibbs, 538 U.S. 721 (2003), Hibbs, an employee of the Nevada Department of Human Resources sought leave under the FMLA to care for his wife. His request was granted, but the Department eventually informed Hibbs that his leave was exhausted and told him to return to work. Hibbs failed to do so and was terminated. Hibbs sued the Department, seeking monetary damages for interfering with Hibb's exercise of FMLA rights. The Supreme Court determined that state employees could recover monetary damages in federal court for a State's failure to comply with the FMLA. This was an important holding because the Eleventh Amendment generally bars suits against the states in federal court. However, the Court determined that when Congress specifically intends to abrogate Eleventh Amendment immunity, it can do so, and that it did so in the FMLA. Given that one of the purposes of the FMLA was to end gender-based discrimination in the taking of leave, that motive was substantial enough to end Eleventh Amendment immunity."
Abstract The Family and MedicalLeaveAct has evolved considerably since its inception in 1993. Since then, employers and employees alike have been struggling with the administration of the program and the costs associated with it. The lack of knowledge in FMLA laws and the misapplication of the Act have been two of the reasons for numerous lawsuits. Does a concerted effort to inform, educate, train, and monitor an organization's FMLA compliance responsibilities reduce the administrative and legal costs of the organization? This paper offers the history of FMLA, key administration items, consequences for non-compliance, suggestions for lowering the risks of litigation, and research methods for obtaining information regarding FMLA. Several tables are included with the paper.
Contents:
Abstract
History of the Family and MedicalLeaveAct (FMLA)
Background
Time-line and Evolution of the Act FMLA Administration
Eligibility
Entitlements
Maintenance of Health Care Benefits During Absence
Employer Responsibilities under FMLA
Employee Responsibilities under FMLA
FMLA Violations
Family and MedicalLeaveAct Enforcement Increased
Consequences of Noncompliance
Suggestions on How to Lower the Risks of Litigation
Outsourcing Human Resources Management Responsibilities
Electronic Program Administration
Training and Education
Certification Programs
Online Resources
Conclusion
Research Methods
References
Appendix
From the Paper "According to the available information regarding FMLA administration and violations, many of the lawsuits and much of the legal fees could have been avoided had the companies invested in training and education, outsourcing of HR responsibilities, or through the purchase of FMLA management software. Training and education seems to be the key to the successful administration of the FMLA program. There are a variety of sources where employers and employees can go to get training and general information regarding the Act."
An overview of the Family and MedicalLeaveAct (FMLA) and compliance with the Act in STOP Domestic Violence, a program component of Behavioral Health Services North, Inc.
Abstract This paper examines the Family and MedicalLeaveAct (FMLA) that has been established to protect employees. It details the history and interpretation of the Act and discusses compliance and liabilities associated with the FamilyMedicalLeaveAct. The paper also looks at STOP Domestic Violence, a program component of Behavioral Health Services North, Inc. and their compliance with the FMLA.
Table of Contents:
Family and MedicalLeaveAct An Overview
Compliance
Recent Amendments
Liabilities
Reward and Recognition Systems
STOP Domestic Violence
Conclusion
From the Paper "According to Connell and Congiu (2007), it may be difficult to develop a reward system that recognizes performance and attendance, yet does not violate FMLA regulations. For example, several lawsuits have been filed pertaining to the payment of monetary bonuses when an employee has taken a FMLA absence. According to the decision returned in Sommer v. The Vanguard Group, an employee who has taken a leave of absence under the FMLA must receive the same bonus if all requirements were met prior to taking such leave. Therefore, a company cannot discriminate or retaliate against an employee who has taken a leave of absence. However, if the employee has not met the specified requirements, the employer is not obligated to issue the bonus compensation."
Abstract This paper describes the Family and MedicalLeaveAct, which was designed to create a business environment that is supportive of the needs of the family, and the regulations it applies to businesses. The paper then looks at the history behind the act and some of its disadvantages.
From the Paper "Dispute has arisen over the enforcement of the FMLA because of the costs involved for the employer. While no employer wants to take an anti-family stance, the costs of maintaining an employee's position in a company while they are on extended leave are enormous. The employer must either hire temps to fill in the position, or entice laterally positioned employees to handle the additional work load for a short period. In the case of the temp, the employer has to absorb the training costs. Then once the regular employee returns to his or her position, the employers investment into the temp, who may just be settling into the position after 12 weeks, is lost as the temp is displaced. The resulting employee two-step can disrupt company productivity, harm customer service, and ultimately have a long term effect on the company's competitive posture. While the needs of the employee and their family are important to the community, and the health of the company, the profitability of the company is the most important reason for its existence. Government policy which adversely affects the company's ability to be efficient and profitable is due to encounter court challenges."
Abstract This paper examines the Family and MedicalLeaveAct (FMLA) which was passed in 1993 and permits employees to take a leave of absence from work in order to take care of a sick family member or because of personal illness. The paper explores the act with respect to the airline industry and to Delta Airlines, in particular. It looks at how a company such as Delta Airlines can exceed FMLA standards and balance its obligations to the employee while also working to preserve its economic sustainability.
Table of Contents:
Introduction
The Family and MedicalLeaveAct and Social Responsibility
The Family and MedicalLeaveAct and the Airline Industry
Delta Airlines and the Family and MedicalLeaveAct Balancing the Needs of the Company with the FMLA
From the Paper "Delta Airlines is often used as a representative case study of the FMLA due to its emphasis on the workplace culture. Delta Airlines has historically been focused on employee integration as a means of ensuring a stable and satisfactory workplace for all persons working within the company. Also, after the Reagan Administration cracked down on unionization within airlines in the 1980s, Delta Airlines sought to maintain a fair and equitable working environment through implementing numerous regulatory policies where the workers had control over certain internal policy decisions. While Delta Airlines has never been an employee-owned company like U.S. Airways, it has sought to include the views of the employees in its decision-making policies and also has sought to reduce the distance between the worker and management. This has promoted an environment of inclusion within Delta Airlines, where employees are encouraged to consider themselves valuable contributors to the success of the company as opposed to interchangeable, expendable parts within an autonomous system."
Looks at the Family and MedicalLeaveAct of 1993 (FMLA), which requires employers with 50 or more employees to provide up to twelve weeks of unpaid, job-protected leave "each year for specified family and medical reasons."
Abstract This paper explains that the Family and MedicalLeaveAct of 1993 (FMLA) was designed to help those individuals who need to care for either a close family member with a serious medical disorder or to assist employees when a serious medical condition arrives without notice. The paper first describes some of the provisions of the FMLA, including entitlements to leave, the maintenance of health benefits during leave, job restoration after leave, and protections for employees who request or take FMLA leave. The paperalso relates the process by which an employee can use FMLA leave. The paper concludes that the success of this legislation has led many states to pass similar acts.
Table of Contents:
Introduction
Leave Entitlement
Maintenance of Health Benefits
Job and Benefits Protection/Restoration
Notice and Certification
Illegal Acts FMLA Case Examples
Conclusion
From the Paper "As is the case with many federally-backed laws, the FMLA includes a number of items that are required by both parties. First, an employer is not allowed to "interfere with, or deny the existence of any right provided" by the FMLA. In addition, an employer is not allowed to "discharge or discriminate against any individual for opposing any practice or because of involvement in any proceeding related to FMLA," meaning that employers must adhere to all anti-discrimination laws within the United States."
Tags: entitlements, health benefits, job restoration, states case
This paper studies the Family and MedicalLeaveAct (FMLA) that was implemented in the U.S. to assist employees in case of the need for leave for family or medical reasons.
Abstract In this article, the writer examines The Family and MedicalLeaveAct (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."
Abstract This paper explains that the Family and MedicalLeaveAct took a decade from its conception to finally becoming law for most employers in 1993. The author points out that this law, which covers companies with 50 or more workers and employees with at least a year of service, mandates up to 12 weeks of leave per year for various familymedical emergencies and for the birth or adoption of a child and stipulates that the employers must continue to provide health care benefits and that returning workers must be given their old job or an equivalent. The paper relates that the current time permitted is less than in Europe and Japan; some lawmakers are currently working to increase this time in order to benefit American employees.
Table of Contents
Introduction
Beginnings
Momentum
Becoming Law
Understanding the Law
Enforcement
Current Status
Conclusion
From the Paper "When the bill was first introduced in the 99th Congress, it was unable to secure a hearing in the predominately Republican Senate. In 1990, after some significant compromises that reduced the period of leave entitlement and raised the small-employer exemption, the bill gained sufficient bipartisan support to pass both the House and the Senate. However, President Bush reversed his previous campaign promise to support such a bill and vetoed the FMLA, and the House failed to override the veto. By the time the 102nd Congress convened during 1991 and 1992, the bill had garnered so much interest that it secured the "coveted bill numbers 'H.R. 2' and 'S. 5' - signaling that it was one of the top five priorities of the leadership for that Congress."
This paper discusses the Family and MedicalLeaveAct (FMLA), which was signed into law in 1993, one of the most important pieces of labor legislation ever enacted in this country.
Abstract 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."
Abstract This paper explores the FamilyMedicalLeaveAct of 1993 and provides a comprehensive discussion of how and why the Act is necessary to ensure the security of the family.
Abstract This paper addresses a number of policies and government-mandated regulations that have worked to shape the employment environment. The paper presents information on the Health Insurance Portability and Accountability Act, th Family and MedicalLeaveAct, and unemployment compensation by which employers must abide.
Outline:
Abstract
Employee Safety, Health, and Welfare Laws
Health Insurance Portability and Accountability Act Family and MedicalLeaveAct Unemployment Compensation
Conclusion
From the Paper "Pre-existing condition refers to any medical condition that has been diagnosed or a condition for which symptoms were prevalent that would have caused the average person to seek medical care. Prior to HIPPA, pre-existing exclusions for coverage were used by many employer group coverage plans and insurance companies to limit the ability of employees to be covered by available policies. "HIPPA limits these exclusions to pre-existing conditions for which medical advice, diagnosis, treatment or care was recommended or received with the six month period ending on one's enrollment date. One's enrollment date is one's first day of coverage, or if there is a waiting period, the first day of one's waiting period; typically, one's date of hire" (Employee Benefits Security Administration, 2004, page or para #). If one's condition does not meet the preceding requirements, one's condition cannot be excluded due to a pre-existing condition. The six-month time frame may be shortened if one is covered under a HMO or as determined by state law. On the other hand, state law is not permitted to increase the six-month period."
