Though the employee's husband did spend nearly four weeks being involved in the healing ministry, "nearly half of the trip was spent not in faith healing, but visiting friends, family, and local churches" (FEPG).
The bottom line is that the FMLA won't permit employees to take leave when it is a vacation with a "seriously ill spouse" -- even if caring for the spouse is an "incidental consequence" of bringing him along on a vacation. Not only was the employee's claim for unfairness vis-a-vis FMLA denied, her petition for "associational discrimination" in violation of the ADA was not approved as well.
The FMLA was a politically hot potato even before the presidential election of 1992. The first two versions of FMLA were vetoed by George Harold alker Bush, and during the 1992 presidential election, candidates Bill Clinton and Bob Dole debated the merits of the proposed legislation. In the end Clinton…...
mlaWorks Cited
American Federation of State, County, and Municipal Employees. (2008). The Family
And Medical Leave Act. Retrieved February 23, 2010, from http://afscme.org/issues/1764.cfm .
Berg, Gordon. (2003). USERRA Protects Family and Medical Leave Rights of Reservists
And National Guard. U.S. Department of Labor. Retrieved February 22, 2010, from http://www.dol.gov .
Family Medical Leave Act
Before the Family and Medical Leave Act (FMLA) was signed into law in 1993, the United States was among the few industrialized nations with no such legislation in place.
Employees had to make do with piecemeal legislation, such as the Pregnancy Discrimination Act or with leaves won through union contracts or policies with more enlightened employers.
The FMLA, however, was a controversial piece of legislation. On one side, employers decried the effects the law were expected to have on their businesses. Many employees and union members, on the other hand, found the FMLA legislation not comprehensive enough and leave process too complicated.
A decade after its enactment, this paper evaluates the accomplishments of the FMLA.
The first part of this paper gives an overview of FMLA benefits and traces the history of FMLA legislation. In the second part, the paper examines the FMLA how both employees, employers and small business owners…...
mlaWorks Cited
Asher and Lenhoff. "Family and Medical Leave: Making Time for Family is Everyone's Business." The Future of Children, 11(1). Spring 2001. available through ProQuest. CD-ROM. UMI.
A www.proquest.umi.com
Bartl, Timothy J. And Heather L. MacDougall. "Ragsdale v. Wolverine World Wide: The First Step towards FMLA Reform?" Employee Relations Law Journal, 28(2). Autumn 2002. available through ProQuest. CD-ROM. UMI.
A www.proquest.umi.com
The already-begun and ongoing retirement of the so-called "Baby Boomer" generation already has many employers worried concerning the size and effectiveness of the workforce, and appropriate use of the Family Medical Leave Act is essential to ensure that the United States still has a large and energetic pool of workers available for employers (Brown 2005; Holmes 2008).
The most obvious constraints on employees seeking leave under the Family Medical Leave Act are the qualifications for taking a leave under the Act. The birth or adoption of a child is a rather straightforward scenario, and bears little comment here. Defining the seriousness of a medical condition, either in the employee or in the employee's immediate family member, is a more complex and ambiguous task, however. Only "a serious health condition that males the employee unable to perform the functions of the position of such an employee" makes someone eligible for leave…...
mlaReferences
Brown, J. (2005). "Addressing the Stress of Elder Care: Behavioral Health Services Can Provide Relief for Caregivers." Employee benefit plan review October, pp. 11-3.
Holmes, D. (2008). "The Family and Medical Leave Act." Employee benefit review plan May, pp. 10-3.
Swanke, J. & Zeman, L. (2009). "Family Medical Leave as a resilience for caregivers." Care management journals 10(1), pp. 8-13.
In other words, under the FMLA, employees could for instance choose to work 24 weeks on part time basis. 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 esource 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…...
mlaReferences:
Beam, B.T., McFadden, J.J., 2001, Employee Benefits, 6th Edition, Dearborn Trade Publishing
CCH Tax Law Editors, Department of the Treasury, Internal Revenue Service, United States, 2007, Income Tax Regulation, as of January 2008, CCH
Guerin, L., England, D., 2007, the Essential Guide to Family and Medical Leave, Nolo
Hansen, K., Making Your Case for Telecommuting: How to Convince the Boss, Quint Careers, last accessed on March 27, 2009http://www.quintcareers.com/telecommuting_options.html
Leave
Becoming a new mother can be very exciting as well as very stressful. Many soon-to-be mothers worry about having enough time to spend with the child, being financially stable, and if their jobs would allow them to take off if needed. In today's workforce; is there really enough time set for maternity leave? Employers can be very demanding and not be aware of how motherhood truly affects women. Employers should consider changing their policies regarding treatment of mothers and mothers-to-be because families would benefit from it. There have been questions about making a policy to have parental leave, which would allow men and women to take a leave of absence when a baby is born. This, however takes away from maternity leave because it disregards what women go though when giving child birth if men are given the same rights. Therefore, instituting paternal leave will counteract the discrimination women face…...
mlaWork cited
Barbour Rachel, Amy Brown, and Jolynn Shoemaker. A Revolutionary Change: Making the Workplace More Flexible. Volume 2 Issue 2 Feb 2011 http://www.thesolutionsjournal.com/node/889
Boushey, H in The Shriver Report: How a Woman's Nation Changes Everything (Boushey, H & O'Leary, A, eds), The new breadwinners (Center for American Progress, Washington, DC, October 2009)
Boushey, H. Its Time for Policies to Match Family Needs (Center for American Progress, Washington, DC, March 29, 2010)
"Brooke Shields Battles postpartum depressionhttp://today.msnbc.msn.com/id/7748616/ns/today-books/t/brooke-shields-battles-postpartu ...
Female Police Officers and Maternity Leave
Female police officers, much like female firefighters and females in the military, are a fairly recent development and evolution in history that was long overdue and met with some resistance initially. hile females have experienced and overcome barriers to entry in numerous occupations, female police officers, female firefighters, and females in the military have had to deal with a culture and mentality that was (and still is to some degree) so firmly entrenched, i.e., the good old boys network taken to its extreme. Although certain individuals in society may believe that females should be excluded from becoming police officers, firefighters, or from joining the military due to their perceived emotional and/or physical weakness, the reality is that countless females are as qualified, if not more qualified, than their male counterparts. In addition, once a female becomes a police officer, firefighter, or joins the military, she…...
mlaWorks Cited
http://www1.umn.edu/ohr/eb/uplan/std.htm http://www.albemarle.org/police / http://www.cheshire.police.uk/recruitment_faq.shtml http://www.ci.richmond.va.us/department/police/pdxxi_index.asp http://www.cityofhuntington.com/hpd / http://www.city.winnipeg.mb.ca/police/History/story35.htm http://www.clarksburg.com/police.htm http://www.dol.gov /dol/esa/fmla.htm http://www.iawp.org/history/history.htm http://www.insure.com/health/shorttermdisability.html http://www.lawguru.com/faq/6.html http://www.losangelesalmanac.com/topics/Crime/cr73b.htm http://www.metlife.com/Lifeadvice/Insurance/Docs/disinintro.html http://www.newwave.net/~dlaw235/http://google.com/search?q=cache:2GziPsftu2gC:www.cpc.gc.ca/research/women_e.pdf+policewoman+and+maternity&hl=en
http://www.wpoaca.com/archives/wells.html http://www.wwwatt.com/members/policefed/lincolnshire/fairnessequality_maternity_rights.php3 http://www.wapolun.org.au/010830.htm
Female Police Officers and Maternity Leave PAGE 18
The primary sources referenced for this section were
Maternity/Paternity Leave
Easing the Parenthood Pinch:
A Plan for Modernizing the American Attitude towards Parental Leave
Americans pride themselves on their high standing in the developed world. e have a strong government, a premier military, a vibrant and diverse culture, and a significant presence in the world economy. Despite these advantages, many Americans find themselves woefully behind the other nations of the world regarding an issue that should lie at the heart of our society -- how we value our children and how we treat those responsible for raising them. During the rapid growth of the American economy in the 20th century, the impact of a competitive and demanding job market on working parents was rarely acknowledged, let alone legislated. As a result, America now finds itself among only three other nations (Swaziland, Papua New Guinea, and Lesotho) who refuse to provide government-mandated paid leave to parents with newborns (Moms Rising). This has…...
mlaWorks Cited
Berger, Lawrence, Jennifer Hill and Jaen Waldfogel. "Maternity Leave, Early Maternal Employment, and Health and Child Development in the U.S." Economic Opportunity Institute. n.d. 17 April 2011. Web.
Clark, Dean. "Norway: Getting Paid for Parenting." U.S. News and World Report. 3 March 2007. Web. 17 April 2011.
"Maternity/Paternity Leave." MomsRising.org. n.d. 17 April 2011. Web.
Vahratian, Angel. "Maternity Leave Benefits in the United States: Today's Economic Climate Underlines Deficiencies." Birth: Issues in Perinatal Care. 36:3, 177-179. 1 September 2009.
Family Medical Leave Act was enacted in 1993 with the main aim of providing certain rights and responsibilities to employees. This legislation provides some entitlements to employees such as the basic leave entitlement and military family leave entitlements. Notably, the act also includes other provisions like the benefits and protections during the leave, eligibility requirements, description of serious health condition, use of leave, substitution of paid leave for unpaid leave. Furthermore, the legislation also states employee responsibilities, employer responsibilities, unlawful acts by employers, and enforcement of FMLA.
Under the Family Medical Leave Act, covered employers are required to offer up to 12 weeks of job-protected, unpaid leave to eligible employees for several reasons. These reasons include incapacity because of pregnancy, care for the worker's spouse or family member with serious health condition, care for employee's child after birth, and for a serious health condition that makes it difficult for the employee…...
mlaReferences:
"Employee Rights and Responsibilities Under the Family and Medical Leave Act." (2009,
January). FMLA. Retrieved from U.S. Department of Labor website:
Essay Topic Examples
1. The Economic Impact of arental Leave:
This essay explores the relationship between parental leave policies and economic performance. It examines how parental leave can affect labor markets, productivity, and gender wage gaps, as well as the implications for businesses and national economies.
2. Comparing International arental Leave olicies:
An analysis of different parental leave systems around the world, discussing the variety of approaches, cultural influences, and the outcomes on family well-being and gender equality. The paper would provide a comprehensive overview of the most effective models in use today and consider what can be learned from them.
3. The Role of Fathers in arental Leave:
This topic focuses on the increasing importance of paternity leave and its benefits on family dynamics, children's development, and the pursuit of gender equality in the workplace. The paper would delve into the social and psychological advantages of involved fatherhood and how parental leave…...
mlaPrimary Sources
United States Department of Labor. \"Family and Medical Leave Act (FMLA).\" USDOL, 2023.
International Labour Organization. \"Maternity and Paternity at Work: Law and Practice Across the World.\" ILO, 2014.European Commission. \"Directive 2010/18/EU of the European Council on the Framework Agreement on Parental Leave.\" Official Journal of the European Union, 2010.OECD. \"Parental Leave: Where Are the Fathers?\" OECD Policy Brief, 2016.United Nations. \"Report of the Fourth World Conference on Women.\" UN, 1995.
Family and Medical Leave Act (FMLA) was passed as a reflection of the needs of the modern workplace in which dual career households are often the norm and parents must often balance the demands of work and caring for children and aging parents. The FMLA allows certain classes of employees "unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave" ("FMLA," 2015). Up to 12 workweeks of leave every 12-month period is covered by the Act for the birth and care of a newborn; the placement of an adoptive child or foster child; caring for a close family member with a serious health condition; the employee's own serious health issue or a family issue which arises "out of the fact that the employee's spouse, son, daughter, or parent is a…...
mlaReferences
FMLA. (2015). DOL. Retrieved from: http://www.dol.gov /whd/fmla/
Miller, S. (2007). Most HR professionals report problems with FMLA. Retrieved from:
http://www.shrm.org/publications/hrnews/pages/cms_020829.aspx
Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)
The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times to expand…...
mlaReferences
AFSCME. (2013). The Family and Medical Leave Act. AFSCME. Retrieved from http://www.afscme.org/members/education-and-trainings/education-resources/fact-sheets/the-family-and-medical-leave-act-fmla
American Society of Employers. (2012). 2013 Employment and Labor Law Legislation. American Society of Employers. Retrieved from http://www.aseonline.org/ResearchbrnbspServices/EmploymentandLaborLawLegislation.aspx
United States Department of Labor. (2013). Family and Medical Leave Act. United States Department of Labor. Retrieved from http://www.dol.gov /WHD/fmla/2013rule/
Labor and Employment Law
WORKPLACE SITUATIONS
Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).
The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013). If Employee A…...
mlaBIBLIOGRAPHY
EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment
Opportunities Commission. Retrieved on September 25, 2013 from http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html
SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human
Resource Management. Retrieved on September 25, 2013 from http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx
Second Opinions for Tough & Smart Care
FLA, FECA, H2457
The federal government (under most current administrations) has tried to address the issue of the nation's need for better healthcare by focusing on improving what is already in place. Two of the regular efforts at this are the FLA (Family Leave Act) and the FECA, or Federal Employees' Compensation Act (DOL, b). The purpose of the first is to provide structured and economically efficient ways for people to be able to leave their positions, without risking their jobs, when they are dealing with either the birth of a child or a critically sick immediate relative. It is also seen as one effort to seek to protect men and women against the problems of gender injustice that can come about if women are challenged in keeping healthcare because of the choice to have children. FECA, on the other hand, seeks to ensure fair…...
mlaREFERENCES
DOL.gov. The Family and Medical Leave Act. United States Department of Labor, Wage and Hour Division. Department of Labor. Web <
FMLA
The Family and Medical Leave Act (FMLA) is an addition to the regulations applied to businesses which recognizes the changing nature of the family, and the importance of having a business environment which is supportive of the needs of the family. The FMLA requires employers to grant leaves of absence to employees who are seriously ill, who have newborn or newly adopted children, or who have to care for sick family members without the risk of the employee loosing their job as a result of the leave. Specifically, sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993, provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
the birth of a son or daughter of the employee and the care of such son or daughter; the placement…...
mlaBibliography
Alfred, S. (1995) An Overview of the Family and Medical Leave Act of 1993. Public Personnel Management, Vol. 24.
Clegg, R. (1999, Summer) The Costly Compassion of the ADA. Public Interest, No. 136.
FEDERAL EMPLOYEE ENTITLEMENTS (1999) U.S. Office of Personnel Management Compensation Administration Accessed 17 Feb 2004. Website:
Hayes, E. (2001) Bridging the Gap between Work and Family: Accomplishing the Goals of the Family and Medical Leave Act of 1993 William and Mary Law Review, Vol. 42.
Title VII of the Civil Rights Act of 1964 "bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government" the Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Loevy 1997).
However, Title VII provides than an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause undue hardship on the business. As an employee were are obligated to try to resolve any conflict if possible. We would…...
mlaSources:
Religious Accommodation in the Workplace. (2012). Anti-Defamation League -- Religious Freedom Resources. Retrieved from: / resource_kit/religion_workplace.asphttp://www.adl.org/religious_freedom
Loevy, R., et.al. eds., (1997). The Civil Rights Act of 1964: The Passage of the Law That
Ended Racial Segregation. State University Press of New York.
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