Also, an employee could take a weekly leave every month, or any other type of combination he finds most suitable for his condition. The worker is asked to make a request for FMLA leave 30 days before he intends to leave and he might be asked to hand in documents attesting the necessity for his leave. Additionally, considering that husband and wife both work for the same employer, they cannot benefit simultaneously from FMLA to care for the same new born, sick child, adopted child or parent (Vikesland, 2006).
4. Benefits of FMLA
Human Resource Managers have often complained about the difficulty and complexity of implementing the Family and Medical Leave Act, arguing the side effects it has upon the company, but also the bureaucracy and the multitude of laws protecting employee rights. The Department of Labor on the other hand, through its surveys conducted on numerous organizations which have adopted the FMLA, concluded that "the majority of companies covered by the FMLA find it very or somewhat easy to administer and that it has had little or no impact on company productivity, profitability or growth" (Guerin and England, 2007). Not only that it is easy to implement and does not negatively impact profitability, the FMLA is in fact beneficial for both employees as well as employer.
FMLA Benefits to Employees
A generalist look at the Family and Medical Leave Act reveals a twofold benefit for the employees. First of all, they are able to attend to their personal responsibilities. This basically materializes in that they can take time off to bond with a child, be it a newborn or an adopted child; they can also care for their family members or for themselves. And secondly, they can do this without jeopardizing their jobs. As the employer is obliged to preserve and reinstitute the employee in his actual or in a similar position upon his return from the FMLA leave, he can attend to his private life responsibilities without fear for his professional future.
Another benefit to the employee is that, throughout his twelve months leave, he still enjoys the benefits of a regular employee. This ensures him continuance of medical coverage as well as other vital benefits, such as paid sick leave or paid vacations.
The next benefit is that the leave under FMLA, for the various purposes stipulated by the law, does not negatively impact the quality and status of the employer. In other words, the employee will not suffer disciplinary repercussions as a result of his departure. This will lead to a better preservation of the employee's reputation, ability to make decisions and perception in the work place. Foremost, caring for children, spouses, parents or oneself is often regarded as a noble gesture, one with which co-workers tend to sympathize; it will also lead to a preservation and even improvement in the way the respective employee is perceived in the working environment.
Another benefit for the employee is that the act allows them not only to take the time off, but also to do this in a manner that is considered most efficient to each unique situation. Take for instance the case of two former spouses, sharing the custody of their new born son. The baby might spend mornings with the mother and afternoons with the father. The FMLA will allow the parents to attend to their parental responsibilities by working 24 weeks on part time basis. The tactic can be applied to other situations, such as a brother and sister sharing the responsibilities of caring for their elderly mother, or the case of a single mother who has to spend most afternoons picking her children from school and driving them to soccer practice.
The part time tactic is useful also from a financial standpoint. The FMLA clearly states that the twelve weeks leave is unpaid. Therefore, during this period, the employee will not benefit from financial support from the part of the employer. This is often tough as the caring for a new baby or a sick family member also requires money. The ability to work part time then ensures the employees with some money to get by, but also with sufficient time to attend to their personal responsibilities.
The act has another beneficial effect upon the morale of the worker. With more and more women choosing to work outside the household, the feeling of guilt upon going to the office is not unfamiliar to these working mothers. But whenever the child is in poor health and needs attendance, the mother has the ability to offer her support through the FMLA. This is likely to reduce her guilt and increase her morale, making...
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