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Family and Medical Leave Act - Research Paper Example

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The Act was ratified into law by President Clinton and requires employers to provide unpaid leave to employees to address serious…
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Family and Medical Leave Act
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"Family and Medical Leave Act"

Download file to see previous pages It is applicable to all public employees and those in private companies with at least 50 employees. Certain FMLA provisions are favorable for employers and employees. However, the area of Human Resources (HR) has struggled with some of its aspects, especially those in regards to episodic or chronic conditions, sporadic use of leave or serious conditions of health. HR departments are facing challenges in terms of keeping track of intermittent leave; chronic abuse of such leave; morale problems arising from employees required to cover for absent colleagues; associated costs of productivity loss due employees being on leave; vague medical leave certification documentation by healthcare professionals; and the uncertainty of the leave requests’ legitimacy (Merkle, 2012).
On the employers’ part, they are challenged by the realization that employees will not always notify them promptly when they require FMLA leave, more so in cases of unexpected conditions. Regulations stipulate that employees give a notice of at least 30 days in advance, but this is not practical in unforeseeable emergencies. Therefore, it becomes a considerable problem for the employer and HR department to plan for the absence of their employees. Eligible employees are the greatest beneficiaries of FMLA, so long as they can give sufficient notice with supporting evidence of the need for leave. They have enough time to address family and personal obligations while their jobs are still guaranteed. The Department of Labor (DOL) proposed a pitch in 2011, aiming to promote the clarity of behavior associated with leave-taking (BLR, 2012). According to the DOL, it is imperative for employees, employers and HR departments to develop compliance programs and regulatory priorities based on current and credible data rather than anecdotal and outdated information. An example of pending legislation is that of ...Download file to see next pagesRead More
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