The Family And Medical Leave Act

Becoming a parent is beautiful yet stressful time in many people's lives. Emotions of joy and worry fill the mind of expecting parents as they work to provide a loving and financially stable home for their family. Both parents wish to actively support their child and their spouse during this time of transition, however, corporations are making this task difficult. Maternity leave is a benefit that most companies provide, but only for their female employees. Male employees are not given the same opportunity to share the responsibility of childcare with their wife or to develop a bond early on with their child. Providing fathers maternity leave would give them time to dedicate themselves to the growth of their child, allow the mother to heal from giving birth, and promote equality within the family unit and in the workplace.

You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.

Family and Medical Leave Act can be costly for employers. When Congress formulated the FMLA law, what was not forseen was the open door to abuse by irresponsible employees and the detriment imposed on the healthcare and public service sectors. According to a study by the Employment Policy foundation, a Washington, D.C. research group, FMLA cost employers over $21 billion dollars in 2004. This represents the most current statistical information available.

The Family Medical Leave Act (FMLA) was passed with the idea of creating job protected leave when necessary, while also providing employees with the opportunity to balance work, health, and family responsibilities. FMLA is designed to avoid job loss when employees request additional time off in order to treat a critical medical condition or deal with serious family or personal matters. Due to the establishment of FMLA, workers can now maintain employment as they treat qualifying medical conditions, care for a close relative, bond with newborn, etc. In other words, the concept of FMLA was for employers to legally support their workers during life’s challenging circumstances. Although many positive outcomes are a result of this law, administering FMLA has turned into a challenging and complex task for employers. Passing this law triggered many unintended consequences that have tremendously affected the way organizations manage their leave of absence policies. Employee abuse of this privilege is a major issue employers are being faced with. The impact FMLA leave has on the entire company, including quality, performance, and productivity can be dramatic. These unplanned concerns that now exist due to FMLA provide tremendous amounts of stress for the employers to properly manage the law; FMLA has turned into a problem employers are defenseless against.

There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed

America being one the most industrialized nations it is shocking to most to discover that it does not provide a more beneficial maternity leave when compared to its European counterparts. Not only is Europe leading the way for a lengthier leave of absence for new mothers, they also provide financial benefits to those families with newborns, to American society this is not considered a cultural norm, in fact it is even bizarre to some that having a child while in the work force would even be beneficial. Consequently, the difficulty in accessing a reasonable maternity leave in America creates long term effects on a child’s development.

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

The main law that can affect employee absenteeism is the Family Medical Leave Act (FMLA). The federal Family and Medical Leave Act (FMLA) took effect in 1993 by federal statute as well as court decisions (U.S. Department of Labor, 2011). This law enables the workforce to coordinate job and household obligations. How it works is by permitting staff to take time off without pay for particular health-related and family needs. This law addresses every public employer and private employers employing more than 50 people at a time. The FMLA necessitates these businesses to grant up to 12 weeks of leave to qualified individual workers for the birth of a baby or childcare, adoption purposes, the staff member’s own major health issues or a family

The Urban Institute published a case study that promotes the creation of national paid family leave policy in the United States. In the study, it is shown that this issue has been debated countless times in the past. George H.W. Bush even vetoed an unpaid family leave act during his presidency. This displays the struggles of enacting policy relating to this issue. The lack of a national paid family leave program in the US has left working mothers with three options: “return to work immediately after childbirth, quit employment, or take unpaid leave” (Urban Institute, 2017, p.3). The issue with these options include, loss of pay, unemployment, or the lack of parental presence in a child’s early development. Moreover, although some private companies offer paid leave, less educated and lower income mother have little access to this paid leave, which exacerbates their financial instability, keeping them in a lower societal class. This study found that not only is the current system is inadequate, but it is also inequitable, which causes financial hardships across the nation. According to the study, there has even been a 32% decrease in income after childbirth. Although this is the current situation, some states have enacted a statewide paid family leave program, which displays

The Family and Medical Leave Act was created in 1993. President Clinton signed the FMLA Bill to ensure families the possibility of their job being secured when returning to work and to continue an income while caring for their newborn. However, I learned that some employers have the option to not participate such as small businesses with 50 or less employees. Still in today’s society, this is a huge problem for many working women.

The lack of a paid parental leave law in the country does not necessarily mean that it is absent in the U.S. labor market. Some generous and more progressive companies do recognize the importance of the leave to employees and do offer it. According to the Employee Benefits Survey of 2015, 21% of employers nationally offer some paid maternity leave while 17% offer some paid paternity/adoption leave. However, about a fifth don’t have any kind of protected maternity, paternity, or adoptive leave. (Ray, 8; Time, n. pag.)

The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8). Whilst one could refer to this as maternity or paternity leave if taken because of a pregnancy, this would not be strictly true. Where maternity and paternity leave are offered around the

Women give birth nearly every day around the world, yet some fathers are hardly present to lend them support. Some fathers may not be desirous of the opportunity while others can’t find time to be there long enough. Also, some fathers can’t afford to sacrifice their pay check, which their families need to maintain the new addition. Paternity leave is time off from work granted to male employees, in the private and public sectors, to be with their spouses and newborns. Most employers rarely pay male employees paternity leave to spend time with their spouses when they deliver a child, suffer a miscarriage, or adopt a child. Men wishing to take paternity leave to assist their spouse under these conditions usually do so through paid leave such

When establishing a family leave policy, it is important not only think about women, but men as well to make it more inclusive. Assumptions on Private Urban University campus about women as the primary caregivers of children and elderly parents can make it difficult to implement a more inclusive family policy (Manning, 2013). At Private Urban University, the Committee on Women’s Success, were the main people that wanted to implement a family leave policy. When creating family leave policy, people need to understand that men can be caregivers of children and elderly parents as well. In 2014, there were two million united states fathers that stayed at home (Melamed, 2014). Another thing that people should understand is that the numbers of same-sex

Access to paid leave is often identified as an issue that primarily concerns working mothers, yet paid leave is also critically important for working fathers. In a society that continues to evolve, it is even more imperative to address this unequal access with an increasing number of fathers who are serving as stay at home parents (International Labor Organization, 2014). Legislation that supports fathers having the support they need to prioritize family responsibilities can significantly increase the personal and economic well-being of their growing families (United States Department of Labor, 2015). Despite these advantages, the growing importance of paternal involvement with their newborns is not always supported in today’s society. The economic and social barriers fathers face may hinder them from taking paternity leave altogether, such as inadequate access to paid leave and outdated cultural norms about male breadwinners. According to survey data, most fathers in the United States only take one day of leave time for every month the typical mother takes (Harrington et al., 2014). This means that even in the twenty-first century, it appears to be more widely accepted for mothers to take off time from work to care for their families than fathers. Fewer than half the countries in the world provide men with access to paid leave to care for a new child, while virtually all provide paid maternity leave (ILO, 2014). Paid paternity leave and laws related to promote