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Ambiguity in a law usually leads to misinterpretation by the concerned parties, and this may have an adverse impact on the affected parties. As a result, the parties seek a legal interpretation of the law, which may be too expensive for them. This is the case for the Family and Medical Leave Act, which has led to excessive litigations, which are costly to the courts and the concerned parties. The best solution for this problem is reforming the law so as to clarify the controversial provisions.
On the of the major issues of whether or not the employees should notify the employer before taking the leave, the law should be reformed in order to give a clear procedure on how the employees should apply for the leave (Neuson, 2006). There should be an understanding between the employer and the employee in regards to the implement the provisions of the law. Sometimes, the medical situation may require an immediate actions and lengthy procedures for applying for the leave may be inappropriate and, therefore, the FMLA should be reformed to provide clear procedures for dealing with both emergency and non-emergency situations.
The other issue on the duration of the leave may also be addressed through reforming the FMLA. In some cases, the employees may require either a shorter or longer leave time than the one provided by the FMLA. To defend both the employers and the employees, the law should be reformed in order to clarify the situations where the employee qualifies for a leave extension. The employers should also be allowed to hire someone to fill in the position of the absent employee until the employee is ready. If the employee is incapacitated for a long period resulting in a layoff, the FMLA could be reformed to include a provision that recommends employers to give priority to these employees after recovering (Mayer, 2013).
The other clarification of the FMLA should be on the
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