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Persuasive Part 3: Disadvantages, Answers with Visuals - Research Paper Example

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The bill was meant to give employees the flexibility needed to attend to pressing medical needs that affect the employees themselves or close relatives. Assuredly, while American workers have benefited from…
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Persuasive Part 3: Disadvantages, Answers with Visuals

Download file to see previous pages... However, the FMLA has been a source of trouble for attorneys, courts and employers because of the ambiguity that characterizes most of its provisions. The Family and Medical Leave Act should be reformed to make it comprehensive and specific.
The FMLA came into effect in August, 1993 and has ended years of controversy since the signing of the bill. It provides employees with a job-protected leave in case of medical issues that affect close relatives or the employees themselves. The Act gives 12 weeks of leave within one year (Bartl & MacDougall, 2002). The laws specify that a medical leave should be taken if the health condition is serious if it renders an employee to unfit to perform essential duties (Neuson, 2006). It may also be triggered by a serious health condition that affects a family member who cannot manage to care for her or himself. However, the FMLA has been the recipient of heavy criticism and immense litigation because of its ambiguous nature. The lack of proper interpretation leaves the law open to abuse by employees.
The Ragsdale v. Wolverine World Wide, 122 S. Ct. 1155(2002) demonstrated that there is no clear definition on the directives that govern the leave within the Act (Bartl & MacDougall, 2002). In the case, the Supreme Court threw away that directive by the Department of Labor that requires employers to notify employees when the 12-week medical leave starts. The FMLA specifies that an employer should inform an employee of his or her right to a 12-week medical leave within one year. However, it does not provide specifications on whether the employee is obligated to notify an employer when the medical leave starts. A reform would be necessary to make clear the issue of leave duration. It can help avoid the immense litigation costs incurred in lawsuits.
The FMLA has also been the subject of many lawsuits ...Download file to see next pagesRead More
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