Family Medical Leave Act gives the right to eligible employees to get unpaid and job protected leave from their employers for their family and medical reasons. According to FMLA if employees are eligible then they can take 12 workweeks leaves in a year. Employees take these leave if they are facing serious health problems. Under this Act employers are required to give unpaid leave to employees for family and medical reasons in order to create balance between work and family.
History of FMLA
In the starting of 20th century, many labor organizers and social reformers acknowledged that there must be some laws and regulations which should address the issues of employee illnesses and family responsibilities. So after World War II many European nations came up with ideas to make such laws. They made different groups and started putting pressure on the members of congress to make laws that protect female employee's rights;…...
mlaReferences
Asher, L. And Lenhoff, D. (2001). Family and Medical Leave: Making Time for Family Is Everyone's Business. The Future of Children, 11 (1), 114-121.
Brody, H.M. And Brito, C. (2007). Employers required to proactively inquire into employees' eligibility for FMLA leave. Employment Relations Today, 34 (2), 89 -- 96.
Galinsky, E., Bond, J., Sakai, K., Kim, S., and Giuntoli, N. (2008). National study of employers. New York, NY: Families and Work Institute. Retrieved June 16, 2011 from http://www.familiesandwork.org/site/research/reports/2008nse.pdf
The Family and Medical Leave Act of 1993. (2004). Retrieved JUNE 15, 2011, from http://www.policyalmanac.org/economic/archive/family_medical_leave.shtml
FMLA
Family Medical Leave Act
Under the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C.S. § 2611-2654, certain employees are guaranteed up to twelve weeks of unpaid leave per year in order to attend to personal medical problems or medical problems experienced by certain eligible members of their family. In order to be an eligible employee under qualify under § 2611, an employee must have worked for at least 12 months for and provided 1,250 hours of service for his employer. (29 U.S.C.S. § 2611(2)(A)). In addition, under 29 U.S.C.S. § 2611(2)(B)(ii), employees working at a worksite at which his or her employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50. An employee who does not meet the requirements of the FMLA is not required to medical leave under the act.
An interesting situation…...
mlaWorks Cited
Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C.S. § 2611-2654.
Inscho v. Exide Corporation, 2001 Kan. App. LEXIS 1000.
Stover v. Superior Industries International, Inc., 2000 Kan. App. LEXIS 1393.
Wilkinson v. Shoney's Inc., 2000 Kan. LEXIS 388.
One reason for the lack of impact, according to the study, is that few employees can afford to take advantage of the law's unpaid leave provisions ("Family Leave Act has little impact," 1994, p. 4)
Not only do employers have to now contend with making sure they are following all of the regulations and rules under the FMLA, they too must deal with the increased number of court cases evident due to the guidelines not being met set in place by the FMLA. The concern for employers is that court rulings have liberally applied the definition of "serious health condition" to encompass many common ailments that typically are not considered serious. Under the Department of Labor regulations, "serious health condition" includes conditions that necessitate the employee taking three or more days off and having two or more doctor visits. Once this threshold is reached, the employee may qualify for up…...
mlaReferences
Allen, D.W. (1996). Family illness and temporary work absence. Applied Economics, 28, 1177-1180.
BBP, (2004). The Practical Guide to Employment Law. United States: Aspen Publishers.
Charlet, & Kimberly, A. (1994, Feb 1). Automation can reduce Family and Medical Leave Act headaches. Credit world, 82(3), 10.
Dobb, C. (2008, February 5). Strengthen Family and Medical Leave Act by allowing Americans paid time off work. Hill, 24.
"
The same trend is occurring in the public sector though not as quickly and not on such a wide scale. Currently there are just under 300 colleges, 150 city and county governments and 13 state governments offering their employees domestic partner benefits that are equal to the benefits provided to their married employees.
One of the benefits of including domestic partners in company benefit packages is that it helps to boost the moral of the employees who work at the company. Employees who are in domestic partnerships and work side by side with married couples performing the same jobs, but are excluded from benefits for their families have a hard time keeping their company morale up (Horowitz, 2003). esearch reports that they feel like they are treated as second class citizens.
Conclusion
For many years the institute of marriage between a man and a woman was held as sacred by American society, but…...
mlaReferences
Horowitz, Ethan (2003) Greenbelt Offers Benefits to Domestic Partners; City Is First Prince
George's Locality to Follow the Lead of Baltimore, Takoma Park and Rockville the Washington Post
____(2006) Majority of big firms covering domestic partners. Employee Benefit News
Mayes, Jeffrey W (2003) '04 employment law changes.(Employment Law) California CPA
FMLA Summary
The author of this report has been asked to do a summary and review of what has come to be known as FMLA, which is short for the Family Medical Leave Act. Within this report there will be a review and summary of the relevant employment law. There will then be a construction of an overview of the law that includes a rationale for said law, who is affected by the law and other relevant or related information. Third, there will be the proposal of a method, process, system or tool so as to ensure compliance with the selected employment law. Fourth, there will be an explaining of the benchmarking and best practices procedures that could and should be used for the law. Finally, there will be a listing of recommended strategies for healthcare leaders so that organizational compliance with the law can be monitored. While people taking FMLA…...
mlaReferences
BLR. (2016). Leave of Absence (FMLA) laws & HR compliance analysis. Blr.com. Retrieved 21 February 2016, from http://www.blr.com/HR-Employment/Benefits-Leave/Leave-of-Absence-FMLA#
DOL. (2016). Employment Law Guide - Family and Medical Leave. Webapps.dol.gov. Retrieved 21 February 2016, from http://webapps.dol.gov/elaws/elg/fmla.htm
DOL. (2016). Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor. Dol.gov. Retrieved 21 February 2016, from http://www.dol.gov/whd/fmla /
DOL. (2016). FMLA -- United States Department of Labor. Dol.gov. Retrieved 21 February 2016, from http://www.dol.gov/general/topic/benefits-leave/fmla
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.
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.
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
parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act to care for that parent.
The family Medical Leave Act (FMLA) gives no determination that states that the known relationship or lack thereof between the child and parent will determine the child's ability to use FMLA to care for the parent. Any employee can request FMLA regardless of if the child had nothing to do at all with the biological parent. The FMLA provides the employee with up to a maximum of twelve weeks of un-paid, job-protected leave for one of the following reasons:
Care of a spouse, daughter, son or parent with serious health conditions
Due to an employee's inability to work due to a serious health condition
Placement of a child for adoption or foster care
The birth and care of a newborn child
Specific situations related to…...
mlaReferences
Kollman & Saucier P.A. (n.d.). Does the family and medical leave act apply?. Retrieved 04/29/11, from www.kollmanlaw.com/article/articel19.html
Larson, A.E. (2011). The Intricacies of FMLA. Retrieved 04/28/11, from www.fmla-rules.com
OSHA (n.d.). OSHA Safety regulations & Labor Law Guide. Retrieved 04/29/2011, from www.osrllg.com/additional_fmla.php
Job Security
Family Medical Leave Act (FMLA) and Return to Work
Balancing health, home, family, work:
With this purpose, this research paper probes into the methods, mechanisms that policies managers may utilize in the quest to facilitate employee leave and return to work. As this is a subject that deals with policies that may have a resounding impact on the welfare of both the company and it's employees, hence it is necessary that we take into account the psychological and emotional needs of individuals as discussed in the theories of Maslow, Herzberg and McClelland. This proposal shall demonstrate the beneficial aspects of leave policy implementation, as none exists at this point and prove that just a little consideration on the part of the management can turn any company's ventures into a roaring success.
THEORETICAL SUCCESS OF THE PROPOSAL:
Maslow's Hierarchy of Needs:
Maslow's Hierarchy of Needs states that each need must be satisfied in turn starting…...
Gizmo Inc.
Will either of their grievances be heard in court? Why?
Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)
Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply with their employer's…...
mlaReferences
Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.
The Family Medical Leave Act. (2014). DOL. Retrieved from: http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
2) states:
An eligible employee shall be entitled to a total of seven days of leave because of the death of a parent, spouse, son, daughter, or person for whom the employee serves as designated representative... If the deceased died in the line of duty as a member of the uniformed services. Such leave is intended to permit the employee to prepare for or attend the burial ceremony of the deceased member of the uniformed services and may be paid or unpaid leave.
Conversely, however, the United States Federal government presently has no laws in place to similarly (or otherwise, in comparable and appropriate ways) formally acknowledge and honor the passing of federal government personnel other than military personnel.
According to U.S. Code Title 5, Part III; Subpart E; Chapter 63; Subchapter II (2005), the federal government does in fact authorize, according to three separate sections of Title 5: (1) Sec. 6321,…...
mlaReferences
Acuff, J. (c2004). The relationship edge in business: Connecting with customers and colleagues when it counts. Hoboken, N.J.: Wiley.
Andrus, P. (2005). Grief in the workplace. Martin & Castille. Retrieved February 3, 2005 at http://www.mourning.com/your_grief_workplace.html .
Banusiewics, J.D. (2004). Customs of military funerals reflect history, tradition.
United States Department of Defense. Retrieved January 31, 2005, at http://www.defenselink.mil/news/Jun2004/n06102004_200406106.html .
Total ewards Package StrategyIntroductionInitially known as Mills fleet farm, Fleet farm, and home is an American company with about 47 stores located in different regions like North Dakota, Iowa, Minnesota, South Dakota, and Wisconsin. Its headquartered in Appleton, with its central distribution center in Chippewa Falls. The companys stores are of multiple sizes, from large stores to small hardware store formats (Hiles, 2009). The company deals with household items, fishing, hunting equipment, licenses, automotive goods, small appliances, toys, footwear and clothing, pet suppliers, farm suppliers, food, tools, sporting items, lawn and garden supplies, and paint, among others. Several company sites also have a car wash, gas mart, and auto services. After over 60 years in business, the company has become the most trusted brand in retail.Subsequently, Fleet Farm and Home are concerned about its total rewards package. Most store supervisors and the majors have worked with the company for over…...
mlaReferencesHiles, A. (2009). Tough Times Demand Focus--Total Rewards Strategy. Benefits Quarterly, 25(4).Kaplan, S. (2005). Total rewards in action: Developing a total rewards strategy. Benefits & Compensation Digest, 42(8), 32-37.Kaplan, S. L. (2007). Business strategy, people strategy, and total rewards. Benefits & Compensation Digest, 44(9), 12-19.Sachs, B. I. (2007). Employment law as labor law. Cardozo L. Rev., 29, 2685.Van Rooy, D. J. (2010). Total rewards strategy for a multi-generational workforce (Doctoral dissertation, University of Pretoria).
Table of ContentsLeader/founder background information and other key managementteam members Description of the business Mission, vision, and guiding principles for the organization Locations of the business and specific location that this plan document relates to Product/service which organization provides Position descriptions and skill set summary - functions, knowledge, skills,abilities Compensation principles Actual pay, benefits and indirect compensation Hiring and retaining Privacy rules Safety rules EEO, sexual harassment, and bullying Performance reviews Discipline Telecommuting policy Making reasonable accommodation for an employee in compliance with theAmericans with Disability Act and the Family Medical Leave Act Organization chart Gantt chart identifying when you intend to hire each person during thefirst year of operation Human esource Plan/Audit for Momentum Motivational Speaking/Coaching Company, Inc.Leader/founder background information and other key management team membersLeader/Founder - Melanie Sterling:Melanie Sterling, a visionary and dynamic individual, serves as the inspirational leader and founder of our motivational speaking company, Momentum Motivational…...
mlaReferencesBlanchard, K., Hodges, P. & Hendry, P. (2016). Lead Like Jesus. Thomas Nelson. Large Southern Cities Lead Nation in Population Growth. (2023). U.S. Census Bureau. Retrieved from J. M. & Konopaske, R. (2012). Human Resource Management, 12th ed. McGraw.https://www.census.gov/newsroom/press-releases/2023/subcounty-metro-micro-estimates.html .Ivancevich,
Maryland Labor Laws
INTRODCUTION
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws that are pertinent…...
mlaWorks Cited
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
Planning, 29(1).
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