Understanding FMLA Regulations - Research Paper Example

? Understanding FMLA regulations The law on family and medical leave, the FMLA act, en s an employee to a job-protected leave of upto12 weeks though unpaid, on an annual basis. It allows covered employees to take leave on the grounds of giving birth and taking care of their young or adopting and fostering their children (Goluboff, 2001). It can also be offered for covered employees who have been charged with providing care to their immediate family members who may be suffering from serious health problems. On the other hand, covered employees may be offered the 12 week unpaid leave under the FMLA regulations in case they are suffering from a medical condition that is serious (Government Printing Office, 2009). Under the FMLA regulations, the group benefits in terms of health are supposed to be maintained for employees when they are on leave. These regulations are usually administered by the administration on employment standards at the division of wages and hours that falls under the Labor department of America (Business & Legal Reports, 2008). However, according to reports, the application of the FMLA regulations may be impacted by acts like the 1986 Consolidated Omnibus Budget Reconciliation Act and the Health insurance and accountability Acts (Goluboff, 2001). In the year 2008, the former United States president, George Bush, signed into rule the initial expansion of the FMLA regulations since their enactment in the year 1993 thereby adding two fresh entitlements for leave to military personnel and their families (Business & Legal Reports, 2008). The regulations do apply to each and every agency that is state-owned, and this includes the local, state, federal level employers and employers found within the private sector. The private sector employers who are covered by these regulations are required to have employed over fifty employees who have worked for twenty or even more workweeks in their previous or current year of operation (Goluboff, 2001). These regulations also cover the successors of employees who were previously covered and their other joint employers within the country. In order for an employee to become eligible for acquiring any benefits, they are required to satisfy certain conditions (Government Printing Office, 2009). The employees should be working for employers who are covered, worked for these employers for a period of over a year and worked for at least one thousand three hundred hours over the previous period of one year (Business & Legal Reports, 2008). However, under the FMLA regulations, the one year of employment does not require to be consecutive, if the break in services period exceeds a period of seven years, these working sessions should not be counted (Government Printing Office, 2009). In exception, unless the employee’s break is facilitated by his activities in the country’s National Guard or the reserve military under the laws on employment along with unemployment rights. Subsequently, the break in services period may be considered if there are written agreements that include collective bargaining agreements regarding the employer’s willingness to rehire their employee after this period is over (Goluboff, 2001). Covered employers within the United States are required by the regulations to provide employees who are legible for leave up to 12 weeks of leave that is unpaid for several reasons. In the event that an employee has a new birth and requires giving care to the young, or place their young under foster care or adoption they should be granted the leave (Business & Legal Reports, 2008). They should also be granted the unpaid leave in case they fall sick from medical conditions that are serious and cannot perform efficiently or their spouses, parents or their children are on active military duty (Goluboff, 2001). According to previous reports, in some situations, FMLA leaves have been taken in different periods of time for different viable reasons thereby reducing their routine work schedules. The employees are therefore required to make prior arrangements in the event that they will take the unpaid leave so that they may not disrupt the activities at their workplaces (Government Printing Office, 2009). The employer’s approvals are required by employees who are seeking the intermittent leaves on grounds of giving birth, caring, adopting or offering for their children to foster care (Goluboff, 2001). Additional reports indicate that several agreements between employers and their employees have occasionally been made to substitute paid leaves that have been accruing to cover the FMLA leaves. However, such agreements depend on the terms and conditions of their employer’s policies on normal leave (Business & Legal Reports, 2008). Under the FMLA regulations, a “serious mental condition” is defined as an illness, impairment, injury or either a psychological or physical state that entails an employee acquiring inpatient care at a hospital, medical facility that offers suburban medical care. This definition also covers the illnesses that incapacitated employees receiving continuous medical care from health care providers suffer from (Goluboff, 2001). Employees who are incapacitated and continue receiving medical help from the health care providers for a period of over three years due to a certain medical condition, pregnancy, persistent health condition, inefficient treatment or have been incapacitated after receiving multiple types of restorative surgeries for their medical conditions, are said to be as suffering from “serious medical conditions” under the FMLA regulations (Government Printing Office, 2009). Employers who are covered are supposed to keep insurance coverage for their workers who are on FMLA leave (Business & Legal Reports, 2008). However, the FMLA regulations require in case the insurance coverage for employees is applicable, then arrangements require to be made between the employer and their employees concerning the payment of their shares of insurance premiums while on the unpaid leave (Goluboff, 2001). According to previous reports, employers may at times recover the premiums they paid for the health covers from the insurance companies for employees who do not resume their roles at the workplace after their unpaid leaves are over (Government Printing Office, 2009). Employees are supposed to acquire their previous jobs after returning from the FMLA leave in addition to equal pays, benefits and the previous conditions and terms they worked under (Business & Legal Reports, 2008). When an employee makes use of his FMLA leave, he cannot lose his or her employment or any benefits they were entitled to prior to or after taking the leave (Goluboff, 2001). However, in case the employees had been promised bonus payments depending on the hours they had worked, the products they had managed to sell, their attendances or any other similar consideration, but have not acquired this objective due to their FMLA leaves, these bonuses may be denied (Business & Legal Reports, 2008). The regulations additionally state that “employees have no greater rights to restoration or to other benefits and conditions of employment than if the employee had been continuously employed” (Goluboff, 2001). Advance notices of up to thirty days are required to be provided by employees who wish to take the in the event that they foresee themselves or it is practicable for them to take the FMLA leave according to the regulations (Government Printing Office, 2009). However, reports previous indicate that under some circumstances, the employees are required to comply with their employers customs and practices of giving leave before requesting for one. The employees are also required by the FMLA regulations to provide adequate information to their employers for their determination of the FMLA leave applicability to their requests (Goluboff, 2001). This information may include the reason for employee incapacitation and their specific reasons for taking the leave in case they are first time employees (Business & Legal Reports, 2008). On the other hand, the employers are supposed to post notices that have been approved by the labor expounding on the employees’ rights and responsibilities under the regulations of the FMLA (Government Printing Office, 2009). The employers who willfully fail in observing the posting requirements of the FMLA regulations are liable to civil penalties amounting to $110 for each separate offense they are accused of (Goluboff, 2001). Upon hiring any employee, the employers may also be required by the FMLA regulations to provide them with notices regarding their benefits to avoid these penalties. In addition, upon requesting for a FMLA leave or immediately an employer acquires knowledge concerning their employee’s need for the same, employers are required by the FMLA regulations to inform their employees of their rights and responsibilities under the law (Government Printing Office, 2009). They are then required to inform their employees that the leaves have been designated and will count as part of their FMLA leave (Business & Legal Reports, 2008). Previous studies indicate that employers require their employee’s request for a FMLA leave to be due to a “serious health condition” (Government Printing Office, 2009). They employers also require that these conditions should be affecting their employees or members of their families who are covered should have the support of a certification made by a provider of health care (Goluboff, 2001). The employers may additionally require certifications from medical experts on the “serious medical conditions” that are affecting their employees for clarification purposes (Government Printing Office, 2009). In addition, reports indicate that some employers may require certification forms from employees who are returning from their FMLA leaves as an additional means of ascertaining the truth when they have concerns over their safety at the workplace (Goluboff, 2001). According to the FMLA regulations it is illegal for employers to obstruct, either deny or pin down their employees right of exercising their rights. The act of discriminating against certain individuals due to their involvement in any type of proceedings or opposition practices at the workplaces when approving requests for FMLA leave is also illegal under the set regulations (Business & Legal Reports, 2008). Investigations into the complaints that are raised by employees are carried out by the division on wages and hours. Violations made against these regulations by employers can result in private civil actions by their employees. However, there are special rules applying to employees who are working in agencies handling local education (Goluboff, 2001). Under the newer revised regulations that took effect in the year 2009, military employees are entitled to have a leave that is job protected of up to 26 weeks in a year in case they suffer from serious injuries while in the lines of duty. The range of care offered for such employees extends to cerebral and physical medical assistance (Government Printing Office, 2009). The members who are currently covered by the act include members of the country’s National Guard, Armed Forces and reserves and other military personnel who list of those who are temporarily retired due to their disabilities (Business & Legal Reports, 2008). However, the act does not provide health covers for members of the country’s armed forces, National Guard and other reserves who have already retired (Government Printing Office, 2009). The force member’s next of kin’s are also eligible for cover in addition to their children, spouses or parents when seeking for health cover under the newly enacted FMLA regulations (Goluboff, 2001). The member’s parent-in law is not however covered under these regulations, and their family members may use the FMLA leaves for “qualifying exigencies” that may have arisen from the service of an active member (Government Printing Office, 2009). According to the FMLA regulations, short notice deployments, military programs, school or childcare activities, financial and legal appointments and counseling qualify as qualifying exigencies. In addition, recuperation, taking rest, activities of post deployment and any other additional operations that may be agreed upon by employees along their employers may also qualify as “qualifying exigencies” (Business & Legal Reports, 2008). In conclusion, this paper examined the implications of the FMLA regulations on the American employers, employees and their beneficiaries. It has also evaluated the use of the new regulations on the military and their beneficiaries with an aim of enhancing the understanding of the regulations. References Business & Legal Reports. (2008). New Year, New FMLA: Changes You Need To Make Now. New York: Business & Legal Reports Inc. Goluboff, N. B. (2001). The Law of Telecommuting. New York: ALI-ABA. Government Printing office. (2009). Code of Federal Regulations, Title 29, Labor, Pt. 500-899, Revised As Of July 1st, 2009. Washington: Government Printing Office. Read More