The intention of this study is to in detail discuss the concepts presented in the legal act named Family Medical Leave Act, passed in 1993 by Congress. The law outlines a number of provisions for intermittent or occasional leave for employees regarding purposes stated in the act. …
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The employees should meet the 1250 minimum working hours under their current positions, as well, to gain eligibility to have the leave. The law outlines the procedure for the acquisition of a leave under the act.
An eligible qualified employee for the leave files a thirty-day advanced request for leave. The acceptance of the request filed by the employee depends on the employer’s receipt of the required documents for approval. There is a provision for eighteen days for the return of certification healthcare forms from a qualified healthcare provider. Non-compliance with the provisions outlined in the procedure amounts to non-approval of the request for the leave. At the end of the leave, the employee brings a notification, from the health provider, stating the position of the employee to return to duty. The notification shall provide, where need be, restrictions that the employee should consider in relation to the execution of duty. The notification submission is a day before the employee returns from the leave.
The FMLA covers a number of categories of employers in various sectors. It covers employers who have fifty or more than that number of employees under their service. It covers state employers. Also covered in the act are local government employers. The later does not have any provision of the minimum number of employees (Alexander & Alexander, 2005). Under the law, there are provisions that allow employees to who is eligible to take work leaves. The employees’ right to take twelve weeks to leave should have its basis on the various reasons stipulated therein, within any period of twelve months.
The circumstances, under which the break can be granted, include the birth of a child. An employee also has the right to a work break within twelve months period to take care of a newborn. The law also provides for work breaks for employees for reasons of placement of a child, by the employee.
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Family Medical Leave Act Research Paper Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1790640-family-medical-leave-act.
“Family Medical Leave Act Research Paper Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1790640-family-medical-leave-act.
Women who have had a baby will need additional time away from work, as well as some extra help taking care of the newborn infant. In many cases this creates a conflict between the employee that needs time away from their job, and the employer who needs a productive worker to fill the position.
This changed with the Pregnancy Discrimination Act of 1978, and through the Family Medical Leave Act of 1993 (FMLA). Both of these laws protect women from being fired for taking time off to care for a newborn child, and the FMLA further protects men who take this leave.
In the past seven congressional meetings, Family Medical Leave Act has proved to lead to employer confusion and employee abuse. According to Amour (2005), conflicting interpretations of the law and the Labor department’s regulations have led to momentous administrative costs, challenges and abuse by a fraction of the labor force.
It should be noted that the there are eligibility criteria that has to be fulfilled for employers and employees for the provisions of this Act to apply on them. This paper will address various aspects that are related to FMLA and provide brief discussion on them.
The present research has identified that the Act of Family and Medical Leave applies to all public agencies; companies with more than 50 employees; public and private secondary schools; and elementary schools. To be eligible, employees must have worked for twelve months. In addition, they should be working in a location within 75 miles.
Section 101 paragraph 2 of this act gives the eligibility of employees for leave. According to the Act, eligible employee is one who has worked for the employer for at least 12 months (U.S. Department of Labour, 2008). He or she should have worked for such employer for more than 1,250 hours.
Many companies include benefits of short-term disability and sick leave in maternity leave so that the mother gets the benefit of paid leave. Mothers are offered to use up their vacations or other personal days, as the maternity leave, in order to make the leave paid. Mothers plan to start their maternity leave a few weeks prior to delivery.
Fathers have the right to spend some time at home when their children are born in order to bond with their infants. However, this time need not be necessarily stretched to six weeks unless the father feels the need to remain at home for that long. Cases in which businesses should allow new fathers to take paternal leaves of 6 weeks or more could be those involving sick or premature orphans.
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