The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats, Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5, 1993. 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. This paper will show the ethical standpoint on how employers handle FMLA. In addition, this paper will show the progress FMLA has made in five years, becoming more ethically correct.
Many employers have been baffled as they attempt to sort through the overlapping obligations created when a sick or injured worker's medical condition triggers the different rights and responsibilities under new federal laws. If businesses want to avoid costly lawsuits from disgruntled employees it is essential to understand their responsibilities under the laws. Employers must make a tw...
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... ensure all eligible employees are covered under the Family Medical Leave Act and their unalienable rights are not violated. The Act ensures that an employee will not be unduly terminated due to a medical condition of their own or close family and their job will be secure for the term of leave. The long wait for the Family Medical Leave Act has not been a waste. Since the Act's inception, millions of people have benefited from the twelve weeks approved by the Government. The number of employers and employees the Family Medical Leave Act affected went above and beyond the projected numbers, thus showing the increasing need for protection due to a "serious health condition" of an employee or employee's family. The numbers are projected to only increase in the next five years because of the number of workers that will need to take leave under the Act at some time.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Today, many health care organizations have been forced to reduce their workforce due to the downturn of the economy. Marshall and Broas (2009) state that whenever health care organizations conduct a reduction in force (RIF); there is the potential for legal risk. However, with proper planning and implementing, employers can minimize the risk of litigation (Marshall & Broas, 2009; Segal, 2001). Hence, before carrying out a 10% reduction in workforce, there are a number of steps that need to be taken to ensure it is successful.
For so many years, this nation has been creating policies and laws to protect the people and their way of life. One particular law that was passed still creates a lot of confusion on whether this law pertains to them or not. The Worker Adjustment and Retraining Notification (WARN) Act is a federal law to protect workers, their families, and society from sudden or unforeseen job losses due to plant closings and massive layoffs. The WARN Act was originally enacted on August 4, 1988, but it evidentially became effective on February 4, 1989 (Department of Labor, 2013).
In response to the increasing need for employees to balance the demands of the workplace with the needs of families, Congress passed the Family and Medical Leave Act. Without a policy like FMLA in place, many employees often would have had to choose between “the job they need and the family they love” (Hayes). The Family and Medical Leave Act of 1993 is the first national law created to help Americans balance the demands of the workplace with the needs of the family. It successfully helps bridge the gap between family and work and secures the right for both men and women to get unpaid leave and assistance when dealing with family related circumstances.
It is an employer's duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this.
... to measure governmental performance around the world in meeting the needs of working families. To complete the index, data was gathered from 177 countries that represent a wide range of political, social and economic systems. Their findings revealed that 137 countries mandate paid annual leave, including 121 countries that guarantee 2 weeks or more each year. In contrast, the United States does not require employers to provide paid annual leave. In addition, at least 145 countries provide paid sick days for short- or long-term illnesses, with 136 providing a week or more annually. More than 81 countries provide sickness benefits for at least 26 weeks or until recovery. The US provides only unpaid leave for serious illnesses through the FMLA (Family and Medical Leave Act 0f 1993), which does not cover all workers. More information on this can be found in appendix.
The family faces many challenges and must overcome many obstacles. For each problem that arises there is some type of solution. However, the solution to a problem might not come easily. What might be beneficial for one family could be a problem for a company or another family. In modern America men and women are both encouraged to be in the work place and to prioritize their careers. Jobs have become more demanding and time consuming. This stress poses a threat to families, especially new parents. Offering parental leave has numerous benefits for individuals and families, but creates challenges for businesses. This paper will discuss the benefits of parental leave for families, the challenges businesses face because of parental leave, and my
The steady rise of healthcare costs and the ever increasing cost of health insurance premiums are making it harder and harder for employers to pay healthcare premiums for their employees. In the past, it was almost a given that employers picked up the tab for health insurance coverage. The health coverage was usually exceptional with little or no money paid out of pocket by the individual for the insurance premiums. Those appear to be the “good old days”, with fewer and fewer employers shelling out money for health insurance premiums and demanding a larger percentage to be paid by the employee. Other employers are simply unable to financially provide healthcare coverage for their employees and have stopped all together.
Having said that, it is high time for a more effective and inclusive family leave policy to take effect. Even with private sectors and some states offering paid leave, 40 percent of American women do not enjoy the benefits (Wares). The Family and Medical Leave Act, although utilized widely, does not encompass all working American women/ because of its strict prerequisites, many women find themselves paying the motherhood penalty with unpaid leave, or not taking any leave at all, which jeopardizes their health and their child’s early
The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.
Then came the question, should the employer be the one responsible for providing health insurance. While everyone on the panel could agree that our health care system in 2008 was broken, most seemed opposed to the alternative solution of universal healthcare. There is an incentive to the company to offer health insurance to a human being that may receive the opportunity to receive health insurance from another company. However, taking health insurance responsibility away from the employer and making it the government’s responsibility would increase availability and possibly eliminate freedom of
(8) U.S. Dept. of Labor, Family and Medical Leave Act – Wage and Hour Division (WHD) (http://www.dol.gov/whd/fmla/), 2013, Website
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Healthcare reform comes down to the question: Is healthcare a right or a privilege? Many countries around the world have decided that healthcare is a right and that every citizen of their country should have healthcare coverage despite affordability or medical needs. The U.S. has not provided free healthcare to its citizens. Our system of healthcare has been one of a privilege. The U.S. ensures universal availability to basic, life-saving treatment in emergency rooms but the U.S does not ensure availability to more cost-effective, comprehensive, and preventive treatments. Emergency physicians and primary care physicians all agree that the Emergency Medical Treatment and Active Labor Act (EMTALA), which focuses on assuring access to emergency care, but doesn’t ensure that health care is a right for all citizens of the U.S. across all health care settings.
This was the first time the idea came up that injured employees should be compensated, no matter who was at fault for the accident. This was the sign of the beginnings of change, but perspectives on health and safety still held employees responsible and accountable for all injuries and incidents. Moreover, at this time in history, the federal government did not view workplace safety as an area where it had jurisdiction. The.