The Impact of Fmla on Human Resources
The Impact of FMLA
(Family and Medical Leave Act) on Human Resources
Ehren Hayes
Final Research Project
GB520 – 06
Dr. Pellettiere
Introduction
According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women”. (U.S. Department of, 2009) Prior to the Family and Medical Leave Act, it was up to the discretion of each individual employer to determine if they would allow for an employee to be granted time off to deal with family and/or health related issues. Employees’ requests could be denied for any reason and they could also be fired. There was no consistency across the board in regards to these matters. After the law was passed in 1993, employees are now able to take time off for reasons including, but not limited to caring for a newborn or newly adopted child, caring for seriously ill immediate family members, and recovering from their own serious illness. If an employee has to take time off for any reason that legally falls under the realm of FMLA, employers are required to retain the employee’s position or restore the employee to a substantially equal position in pay, benefits, and responsibility.
Controversy As with most political movements, there have been conflicting views on the Family and Medical
(Family and Medical Leave Act) on Human Resources
Ehren Hayes
Final Research Project
GB520 – 06
Dr. Pellettiere
Introduction
According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women”. (U.S. Department of, 2009) Prior to the Family and Medical Leave Act, it was up to the discretion of each individual employer to determine if they would allow for an employee to be granted time off to deal with family and/or health related issues. Employees’ requests could be denied for any reason and they could also be fired. There was no consistency across the board in regards to these matters. After the law was passed in 1993, employees are now able to take time off for reasons including, but not limited to caring for a newborn or newly adopted child, caring for seriously ill immediate family members, and recovering from their own serious illness. If an employee has to take time off for any reason that legally falls under the realm of FMLA, employers are required to retain the employee’s position or restore the employee to a substantially equal position in pay, benefits, and responsibility.
Controversy As with most political movements, there have been conflicting views on the Family and Medical
Cited: Family leave. (2005, July 18). Issues & Controversies On File, Retrieved from http://www.2facts.com.lib.kaplan.edu/icof_story.aspx?PIN=i0501070&term=fmla Employee out on fmla?. (2011, February 14). Retrieved from http://www.thehrspecialist.com/hrs_list/employment_law/fmla/ Family medical leave act administration recertification tips. (2011, January 31). Retrieved from http://www.careworksusa.com/news/family-medical-leave-act-fmla-administration-recertification-tips/ Family and medical leave act. (n.d.). Retrieved from http://www.dol.gov/whd/fmla/ Family and medical leave act of 1993. (2010, November). Retrieved from http://en.wikipedia.org/wiki/FMLA Frincke, J, & Scanlan, K. (2007). Fmla and its impact on organizations. Proceedings of the A survey report by the society for human resource management, http://www.shrm.org/Research/SurveyFindings/Documents/FMLA%20And%20Its%20Impact%20On%20Organizations%20Survey%20Report.pdf Pabarue, J.A.A, & Burke, K.T. (n.d.). Taking notes of the fmla 's notice requirements. Retrieved from http://www.cpmy.com/files/fmla.pdf Rights and responsibilities under the fmla. (n.d.). Retrieved from http://employment.findlaw.com/employment/employment-employee-family-medical-leave/employment-employee-family-medical-leave-rights(1).html