Should the Family and Medical Leave Act Be Changed - Case Study Example

Should the Family and Medical Leave Act be changed? Robert Anthony Barnes Jr Strayer Carissa Jordan February 20, Introduction The economy of America has been on a long-term recovery path from the period of the great recession. The recession resulted in mass unemployment, social inequity, and low payments for labor. This notwithstanding, the economy has expressed resilience to the challenges of the recession. The economic recovery has inevitably resulted in labor issues that necessitate the assessment of the federal labor provisions. The efficacy of the Family and Medical Leave Act that was signed into law in 1993 to protect workers’ welfare amidst the pressures of employment arouses discussions. Although economic recovery in America portends an overall economic stability that is beneficial to the Americans, it is fair reasoning that the economic trajectory should not compromise the welfare of the American labor (Wimer et al., 2011, p. 179). Economic research in America indicates that despite the increase in employment opportunities in the U.S, misuse and abuse of labor force has been much evident. It, therefore, beats logic that economic recovery only portends well for the people if it considers the socio-economic welfare of the employees. This paper discusses the implications, projected scenarios and the support for the modification of the Family and Medical Leave Act. The Family and Medical Leave Act The Family and Medical Leave Act was signed by President Bill Clinton into law in 19993 to balance the working and family lives of employees. Under this act, workers are entitled up to twelve weeks unpaid leave in case of individual serious illness or sickness of a close family member. Not all the employees are protected by the Family and Medical Leave Act (Wimer et al., 2011, p.135). For instance, only employees who have worked for their employers’ for not less than one year for at least 1250 hours prior to requesting for the leave are eligible. The employer must also be in a position to allow the employee to use the privilege. Admissibility of an application for leave under the Family and Medical Leave Act depends on whether or not; a company has over 50 employees who work within 75 miles of the company location. Although the current application of the Act is subject to the states in America, its ideal still borrow from the 1993 stipulations. Problems with and solutions to the Family Medical leave Act Human resource dynamics points to the fact that any form of incentive to workers only works well when it bears more positive implications than demerits. The family and Medical leave act is among the several federal labor laws that allows up to twelve unpaid leave weeks for workers to recover from serious illness, provide care for a seriously ill family member or care for an infant (Schwartz, 2009). Problem It is conceivable that the Family Medical leave Act provides a job protection and the extension of health insurance benefits for workers suffering serious illnesses, or whose family member needs care for a serious illness. However, this provision is perceivably insufficient protection of employees. While it is acceptable that not all the needs of workers can be easily addressed by a single piece of legislation, aspersions abound on the extent to which Family Medical Leave Act protects the general welfare of workers. Employment leaves protected under the Family and Medical Leave Act are unpaid. This implies that workers on leave cannot afford a pay for the hours they have missed in employment irrespective of the conditions that befall them. Logically, a sick worker remains unproductive at least throughout the period of dieses. If any law claims to protect the welfare of workers, its provisions must be consistent with the desired outcome. Due to the strictness with respect to payment for leaves, most workers who may be eligible for the leaves under the FMLA shun it for financial reasons. Solutions While the Family and Medical Leave Act was intended to be effective, research shows that work-life policies can motivate workers, some changes should be made by addressing its economic, political, and inequality problems (Wimer et al, 2011, p.123). Although the act provides a protection of employees, that alone is not sufficient protection. The protection should be extended to include at least a half salary payment during the period of leave. This payment while on leave not only boosts morale of the workers but also portray the goodwill of the employer in terms of social welfare of the employees. Salary cuts for non-worked hours do not resonate well with the ideal requirements of labor protection acts (Sherk, 2007, p.58). Problem Oppression of the labor force is highly detrimental to industry and the economy as a whole. In order to thwart a U.S. economic recession from happening again, the labor force should not be exploited or subjugated. Instead, the labor force should be motivated through the Family and Medical Leave Act in order to provide quality output, knowing that if a family event occurs, they will have a job position upon return and the legislative means by which to challenge coercion or threat of job loss when leaving to manage family-related or health-related affairs. Research has shown that policies promoting a more positive work-life balance are effective in motivating workers (Kelliher & Anderson, 2010). Furthermore, employees protected under the Act are denied access to payments for the period of leave. This imposes financial constraints especially for the low-income earners who could be the sole breadwinners in the family. Solutions Social security, national paid family, and medical insurance program, which cover similar situations as in FMLA has worked in Britain and other industrialized countries globally. These strategies can be effectively domesticated in the FMLA to confer welfare protection and financial security on unavoidable work leaves. Since the institutionalization of the Family and Medical Leave Act in 1993, the familial structures, problems, and workplace conditions have evolved. It is important to formulate proper work-family policies to prevent scenarios where workers have to choose between being proactive at work and a good family member. Problem Labor studies in America indicate the imposition of workers to strenuous employment conditions before the leave period. This can be assumed as a strategy by the employers to tactically compensate for the productivity time that is lost on leaves. Therefore, to address economic-related concerns, the Family and Medical Leave Act should include a mandatory training program for corporate leaders. Such trainings would inform managers that this Act supersedes economic concerns (Alvesson & Willmot 1999) assert that the modern business has eclipsed families and the moral community. Solution The Department of Labor should establish a corporate auditing and reporting system that highlights compliance to the Family Medical leave Act. Furthermore, the government should assign labor champions to conduct routine interviews with employees and audits corporate activities. In economic terms, the 12 weeks may be considerably a longer time but socially, it may impose suffering in cases of serious illnesses. Reduced hindrance to working hours has a rolling back effect of allowing women ample economically productive time after birth. Research in children health indicates that friendly labor policies that include paid leaves improve children health and limit incidences of sickness that may reduce the working hours for women. The leave period should be flexed depending on the reasons and circumstances. Problem Family and Medical Leave Act is discriminatory on the eligibility of workers for leaves. It provides that only workers under employment for at least a year. Additionally, must have a minimum of 1,250 hours within 12 months before being on leave. Subsequently, it insists that any employer with at least 50 personnel within a 75-mile radius are eligible for leaves. This provision assumes that the challenges that the act seeks to protect are responsive to its demands. For instance, employees who suffer critical illnesses but who do not meet the eligibility threshold do not reserve a protection whatsoever (Kelliher & Anderson, 2010, p.102). Solutions The effectiveness of the family and Medical leave act should be extended to include all forms of employment. Limiting of the act only to jobs with more than fifty employees imply disproportionate welfare consideration on the side of the act. In fact, reality has it that welfare constraints are more pronounced among employees in smaller organizations than the ones in larger and well-established firms (Carey & Simnett, 2006, p. 47).Furthermore, It is only through government support and changing the language to include more oversight responsibilities of the Act that it will be viable, effective and continue to serve as a motivator that contributes to staving off another recession. Problem It is appreciable that laws should not be made to discriminate particular groups of people. However, the understanding and protection of employee’s welfare necessitate a legislation that can be subjective to the conditions and other circumstances of the workers. For instance, a woman of a childbearing age or a worker suffering from terminal illness may be highly predisposed to application for leaves. Therefore, this puts them at a disadvantage under the Family and Medical Leave Act since they have to forfeit their payment for the period they don’t work. Solution Women employees require special protection under the act since they are largely predisposed to social challenges relating to child caregiving and care for sick family members. Under the Family and Labor Protections Act, if a mother applies for a leave three times on grounds of pregnancy and birth, she would have to put up with salary losses for the period. This puts them at a disadvantage. Clauses that address the plight of special groups like women and employees suffering from terminal illnesses should be included in the act (Wimer et al., 2011, p.78). The application of the Family and Medical Leave act should be consistent with the provisions of the Fair Labor Protections Act and the Title VII of the Civil Rights Act of 1964. This is because it prohibits all manner of employee exploitation or discrimination clause (EEOC, 1978), Making a blatant reference to the Civil Rights Act can remind employers that pregnant women who believe they have been discriminated against have multiple legislative protections, which if asserted in a civil lawsuit, could be extremely costly to the corporation. Possible disadvantages of the solutions to the shortcomings of FMLA Even though it is the obligation of any employer to consider the welfare of workers effectively, it is equally acceptable that not all the welfare issues can be solved by a single act. Replacement of unpaid leaves would encourage employees to apply for leaves even when other family members could respond to the sick individual. Paid leaves confer fewer financial losses to the employees since they do not lose anything for the period not worked. On the other hand, even though workers in small enterprise employments are more vulnerable to welfare constraints, granting an extension of Family and Medical Leave Act potentially deprives such entities of labor in case the conditions protected under the act prevail at the same time among several workers. Preferential treatment of workers on the basis of their gender or conditions negates the provisions of the Fair Labor Protection Act that imposes an equal treatment of workers (EEOC, 1978 .p156). If a clause protecting the special group of workers, there is bound to be a labor standoff with the other workers demanding such protections too. However, if such a provision is properly streamlined into the Act, it may leverage the disparity that arises from the enforcement of the Family and Medical Leave Act. In conclusion, the Family and Medical Leave Act offer a partial protection of employees’ welfare. Protection in this case results forms the reinstatement of an employee back to the position he or she was in preceding the leave or otherwise in a better position. On the other hand, the act offers protection only for individuals working in employments with at least 50 workers form within 75 miles of the company location. The leaves protected under the Family and Medical Act is unpaid. This implies that this act imposes financial constraints on the employees.it is important to merge the provisions of the Family and Medical Leave Act to confer greater protection of workers welfare to ensure utmost economic recovery of America from the period of great recession. References Alvesson, M. & Willmott, H. (1999). Critical management studies. London: Sage. Armstrong, S. (2010). The Essential Performance Review Handbook: A Quick and Handy Resource for any Manager or HR Professional. Franklin Lakes: Career Press. Carey, P. & Simnett, R. (2006). Audit Partner Tenure and Audit Quality, The Accounting Review, 81(3), pp.653-676. EEOC. (1978). The Pregnancy Discrimination Act of 1978, Equal Employment Opportunity Commission. Retrieved February 14, 2015 from http://www.eeoc.gov/laws/statutes/pregnancy.cfm Fraumeni, B., Gollop, F.M., & Jorgenson, D. ( 1984). Productivity and U.S. Economic Growth. New York, NY: North Holland. Kelliher, C. & Anderson, D. (2010). Doing more with less? Flexible Working Practices and the Intensification of Work, Human Relations, 63(1), pp.83-106. Schwartz, R.M. (2009). The FMLA Handbook: A Union Guide to the Family and Medical Leave Act. Cambridge, MA: Work Rights Press. Sherk, James. (2007). Use and Abuse of the Family and Medical Leave Act: What Workers and Employees Say. Retrieved February 15, 2015 from http://www.heritage.org/research/reports/2007/08/use-and-abuse-of-the-family-and- medical-leave-act-what-workers-and-employers-say#_ftn222 Wimer, C.C., Western, B., & Grusky, D.B. (2011). Great Recession. New York, NY: Russell Sage Foundation Read More