Over the years, Government has taken great care to protect employee's rights to take care of themselves and their families. Two of the greatest pieces of legislation passed to protect employees' rights to themselves and their families are the Family and Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA). This paper will summarize the application and implication of FMLA and OSHA. The Family and Medical Leave Act (FMLA) was written into law in February 5, 1993 by President Bill Clinton. FMLA was established to help protect employees who missed work for medical reasons. The law was adopted to provide workers with rights to protect their jobs while taking care of medical emergencies regarding one self or their family. Prior to the FMLA, workers had no job security if they took off time to be with their families (Alexander & Hartman, 2007, 297).
The Family and Medical Leave Act apply to employers with 50 or more employees within a 75 mile radius. Eligible employees must have been working for the company for one year and at least 1,250 working hours during the one year before the time off (Alexander & Hartman, 2007, 297). Also, the employee must give at least 30 days' notice when applicable (such as for a child birth). The FMLA affects only about 5 percent of U.S. employers and about 40 percent of U.S. employees. Studies have also shown that only one third of eligible workers have used FMLA citing fear of potential retaliation from employers as the reason (Alexander & Hartman, 2007, 299).
Even though the effect of this law has been favorable for employees, the impact to the employer is not as encouraging. Because of this law, it is reasonable to believe that some employees are abusing this benefit. The intent of this act was to help protect employees; however, many believe that FMLA may be doing more harm to the businesses.
There are certain responsibilities employers have by law in regards to
References: Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment Law for Business (5th ed.). New York: McGraw-Hill. U.S. Department of Labor (2007). Occupational Safety & Health Administration. Retrieved December 09, 2007, from http://www.osha.gov/