The Act required employers with fifty or more employees within a seventy-five mile radius to offer eligible employees up to twelve weeks of unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and protection for employees who request or take FMLA leave. (1) The law also requires employers to keep certain records. It was estimated that the Act would affect five percent of America's employers and forty percent of all employees.
Web. 07 Oct. 2011. . "The INTERPHONE Study." EMF Explained Series. World Health Organization, n.d.
However because the current policies that exist in America, mothers are denied an easy balance between work, money, and time for their children. The current policies regarding maternity leave are extremely outdated and need to be reformed to accommodate mothers in this day and age. If I could create a law in America, it would be a law upgrading the Family and Medical Leave Act, requiring all employers to give their employees 16 weeks of paid maternity leave. The current policy on maternity leave is that both men and women are entitled to 12 weeks of unpaid leave for the birth of a child, adoption a child, or the serious health condition of a child, spouse, or parent, and their own serious health condition. This was enacted by the Family and Medical Leave Act, passed in 1993.
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The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70). According to the U. S. Department of Labor, FMLA is designed to help employees balance their work and family responsibilities and it seeks to promote equal employment opportunity for men and women.
Well, the answer lies in the Family and Medical Leave Act. The Family and Medical Leave Act (FMLA) was passed in 1993 and allows employees to take unpaid leave for up to 12 workweeks in any 12 month period because of any of the following reasons: the birth or adoption of a child, for the care of a family member with a serious health condition, or because the employee’s own serious health conditions makes the employee unable to perform the functions of her or her job. This paper will discuss the advantages and disadvantages to both the employer and the employee concerning this act. The current use of FMLA and management concerns over the FMLA will also be discussed. Employee Benefits & Disadvantages The FMLA benefits the employee by allowing an individual to take up to 12 workweeks off if their situation is one of the reasons covered under FMLA.
“Essentials of the United States health care system” March 5, 2009 Stephen Jonas, Raymond G, Karen G, “An Introduction to the US healthcare System” 6th Edition, Page 118, 25 May 2007 U.S Healthcare costs, Web 7 Feb, 2012 http://www.kaiseredu.org/Issue-Modules/US-Health-Care-Costs/Background-Brief.aspx Ventres W. “Answers to US health care issues from other countries” Fam Med. Sep 2011 43(8):592-3. PubMed PMID: 21918943
The PPACA is a large and complex law with some effects already implemented and with some to be phased in over the next seven years. Starting in 2010, according to the American Nurses Association (ANA), the PPACA states young adults will be able stay on their parents' insurance until their 26th birthday, and insurers will be barred from imposing exclusions on children with pre-existing conditions; lifetime limits on benefits and restrictive annual limits will be prohibited; new plans issued after 2009 must provide coverage for preventive services without co-pays; high risk pools will cover uninsured adults with pre-existing health conditions until health care coverage exchanges are operational; seniors will get a $250 rebate to help fill the "doughnut hole" in Medicare prescription drug c... ... middle of paper ... ...Retrieved September 15, 2011, from http://www.wid.org 8 simple rules for health system reform: A new sounding board [Editorial]. (2009, May 4). Retrieved September 16, 2011, from http://www.ama-assn.org Frontline. (2010, April 13).
Situation A. The Family Medical Leave Act, deals with the laws regarding “eligible” employees taking off up to twelve weeks of unpaid leave for their child's birth, adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of 1,250 hours in that year. “The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave” (Vikesland, 2006). The Family Medical Leave Act is not just to protect employees and look after their interests, but it is also to protect employers as well.