The Family and Medical Leave Act of 1993 (FMLA) Essay

The Family and Medical Leave Act of 1993 (FMLA) Essay

Length: 1222 words (3.5 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

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. If the employer is a public company they “are subject to provide FMLA regardless of the number of employees employed” (Vikesland, 2006). The employer can ask to see some kind of proof for an employee needing FMLA leave as well such as something from a doctor and can even halt an employee's leave until that proof is delivered to them. This is a way for an employer to make sure that leave is being given for good reason and that an employee is not taking advantage of the company. However, if the company is a private company and it falls below fifty employees while the one employee is on FMLA leave, “the leave has been granted...[and] the employer cannot alter the leave” (Vikesland, 2006).
Employee A was already granted FMLA leave to take care of his wife and new born child, therefore the question is not whether he was an eligible employee. The new manager is not trying to withhold Employee A's position, or the same salary as previously paid, but the question is...


... middle of paper ...


...hout moving the key pads in two of the elevator cars, according to the detailed situation do not need the key pads moved. So, there is plenty of opportunity for the applicant to perform the job without causing too much difficulty for the company. There has clearly been a violation of the ADA by telling the applicant it would cause a hardship to hire them.





References:
Equal Employment Opportunity Commission. (2005). The ADA: Your Employment Rights as an Individual With a Disability. Retrieved October 4, 2011, from http://www.eeoc.gov/facts/ada18.html

Vikesland, Gary. (2006). The Family and Medical Leave Act: “Balancing Work and Family”. Retrieved October 4, 2011, from http://www.employer-employee.com/fmla.html

Equal Employment Opportunity Commission. Facts About Age Discrimination. Retrieved October 4, 2011, from http://www.eeoc.gov/facts/age.html

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay about The Family and Medical Leave Act of 1993 (FMLA)

- 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. During the 1992 presidential campaign, Governor Bill Clinton promoted implementing an act that would grant families a temporary medical leave under certain circumstances....   [tags: Law, employers, employment, FMLA]

Strong Essays
1905 words (5.4 pages)

Essay on The Family and Medical Leave Act of 1993 (FMLA)

- 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....   [tags: Human Resource Management, FMLA]

Strong Essays
861 words (2.5 pages)

The Family Medical Leave Act Of 1993 ( Fmla ) Essay example

- The Family Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers up to 12 weeks of unpaid job protected leave for certain family and medical reasons. A covered employer has been defined as is any public agency including local, state and Federal employees or a private company with 50 or more employees for at least 20 workweeks in the current or proceeding calendar year. Most common reasons for an employee to request FMLA are the birth of child, an adoption of a child, a serious health condition of the employee, or to care for a spouse, child or parent with a serious health condition....   [tags: Employment, Trade union, Recruitment]

Strong Essays
1026 words (2.9 pages)

The Family and Medical Leave Act of 1993 (FMLA) Essay

- 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)....   [tags: Equal Employment Opportunity]

Strong Essays
1222 words (3.5 pages)

The Importance of Paternity Leave Essay examples

- While the questions of parental leave is most frequently considered in the light of a woman’s ability to take time off from work after giving birth, the importance of paternity leave must also be considered. Social norms still prioritize a man’s commitment to work above his time commitment to his family, and so taking time off can be difficult. However, a man’s use, or non-use, of parental leave can impact his relationship with his child, as well as the well-being of the child’s mother, and the couple’s relationship as a whole....   [tags: paternity, pregnancy discrimination, medical leave]

Strong Essays
925 words (2.6 pages)

Paid Parental Leave Essay

- Parental Leave: Paid parental leave should be equal and for both parents once a child is born Recently women’s rights and women’s equality in the workplace has come back to the fore as a topic for discussion in government agencies and the United Nations. Whilst this is a very important topic, when it comes to time off from work when a new child is born, women in the US have some provision, whereas men have none. The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8)....   [tags: Children, Parents, Parental Leave]

Strong Essays
903 words (2.6 pages)

Essay on The Ethical Issues Of Family Medical Leave Act

- 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....   [tags: Business Medical Leave]

Strong Essays
1777 words (5.1 pages)

The Family Medical and Leave Act Essay

- The Family Medical and Leave Act When President Clinton signed the Family Medical & Leave Act in 1993, he created a brand new avenue for American workers to manage their work-life balance. Thus far, the act has helped thousands of families focus on spending time with their kids during the times in life when parents are needed most. New mothers now have the security of knowing that when they take a maternity leave, there will be a job waiting for them if they decide to return. The other major advantage is that it has allowed families with troubled children to play a more influential part in helping their children turn themselves around....   [tags: Papers, FMLA, Healthcare]

Strong Essays
1369 words (3.9 pages)

Family and Medical Leave Act Essay

- Family and Medical Leave Act      On August 5, 1993, the Family and Medical Leave Act became effective for most of the employers and employees covered by the act. The FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons, including serious health conditions that prevent the employee from working. Not only has the FMLA evolved over the years, but also the current application in the workplace environment is very complex for the employee as well as the employer....   [tags: essays research papers]

Strong Essays
763 words (2.2 pages)

Family and Medical Leave Act Essay

- Family and Medical Leave Act The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee...   [tags: essays research papers]

Strong Essays
696 words (2 pages)