Paper Summary:

The Family and Medical Leave Act 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 Medical Leave Act (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 Medical Leave Act 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."

Sample of Sources Used:

• 2002 Statistics Fact Sheet. (n.d.). U. S. Department of Labor Employment Standards Administration Wage and Hour Division. Abstract retrieved April 23, 2006, from www.dol.gov/esa/whd/statistics/200212.htm
• 29 C.F.R. What are the requirements for and employee to furnish notice to an employer where the need for FMLA leave is not foreseeable? (n.d.). U.S. Department of Labor. Abstract retrieved April 19, 2006, from www.dol.gov/dol/allcfr/ESA/Title_29/Part_825.303.htm
• 29 CFR 825.209 - Is an employee entitled to benefits while using FMLA leave? (n.d.). U.S. Department of Labor. Abstract retrieved April 22, 2006, from www.dol.gov/dol.allcfr/ESA/Title_29/Part_825/29CFR.825.209.htm
• 29 CFR 825.303-What are the requirements for an employee to furnish notice to and employer where the need for FMLA leave is not foreseeable? (n.d.). U.S. Department of Labor. Abstract retrieved April 18, 2006, from www.dol.gov/dol/allcfr/ESA/Title_29/Part_825.303.htm
• Ceridian Connection. (2006). (April 2006). Abstract retrieved April 24, 2006, from www.ceridian.com/myceridian/conection/article/archive/0,3263,12888-58054,00.html

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