Family And Medical Leave Act (FMLA)

You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.

The inception of the Family Medical Leave Act was for several reasons. It was clear that the need for both parents to work was increasing and the “stay at home Mom” position was no longer the norm. It was now necessary for both parents to give financially in order to support the financial needs of the family foundation. The United States Government recognized that by enacting this law they were in fact contributing to the stability of the family structure and the safety and security of innocent children. This also helped

As we move into the new millennium more and more employers are allowing, some are even encouraging, their employees to bring their newborn babies to work with them. This is probably one of the greatest changes in child care norms that this country has seen in the past 30 years. Once upon a time, when a woman had a baby she almost always quit her job to raise her child, depending on her husband to support her and her child. Then along came the idea of maternity leave. This is when a woman takes a certain amount of time off to be with newborn. Once this time period was up, the woman still had a job to go back to. This meant that women no longer had to rely on their husbands for support. Unfortunately it also

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

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.

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.

The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers

What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care for an infant, such as newborns, newly-placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the protections provided by this law. (Vikesland, 2009)

Although current federal and state level legislation guarantee some protections, these policies do not cover all new parents. Parents must have worked a minimum of 5 months while contributing to State Disability Insurance to receive 55% of their salary during 6 weeks of their parental leave, and must have worked with an employer for 1 year to quality for 12 weeks of unpaid leave (“About Paid Family Leave (PFL),” n.d.). Parental leave is not accessible to all adults in the United States because of these requirements, and therefore makes early parenting even more challenging for working adults. Nationally, the trend for mothers on maternal leave has stagnated, although the US economy has expanded (Zagorsky, 2017).

     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 has a serious medical

Pregnancy and early child development is a fundamental aspect of human society, and is pertinent to the development of a successfully functioning community. The developmental and social progress of any civilization relies on children, as they will compose the future working population. Therefore, a mother or father’s involvement in the child’s development is of extreme importance, which is why family leave has been implemented all over the world. Family leave refers to the period of time granted to the employee to care for their newborn child. As communities evolve economically, financial stability is necessary, for what is perceived to be socially successful for a child’s development, which is why paid family leave is popular throughout the world’s nations. However, ABC News reports that “the U.S. is only one of three countries in the world that don't offer paid maternity leave” (Kim, 2015); the same is true for paternity leave. The United States government has an interesting track record dealing with family leave, but in order to analyze what the US government and advocacy groups have done to solve this issue, there first needs to be an understanding on why this issue is so difficult to resolve. The arguments that support and oppose paid family leave in the United States are equally valid, therefore causing a stalemate in the attempted policy making of legislative bodies.

Many believe that the success of a functioning community can be measured by the development of the youth, with the assumption that they would progress society as the future generation. Today’s children are tomorrow’s working class and the main contributors of social progress. Thus, the developmental stages in a child’s life is pertinent to success of a community, and in these stages parental involvement is a necessary component, which is why Family Leave is a policy implemented worldwide. Policy regarding family leave refers to the leave granted to employees in order to care for their newborn child. All countries, with the exception of two, have gone a step further by requiring employers to partially or fully compensate employees during family

The lack of a paid parental leave law in the country does not necessarily mean that it is absent in the U.S. labor market. Some generous and more progressive companies do recognize the importance of the leave to employees and do offer it. According to the Employee Benefits Survey of 2015, 21% of employers nationally offer some paid maternity leave while 17% offer some paid paternity/adoption leave. However, about a fifth don’t have any kind of protected maternity, paternity, or adoptive leave. (Ray, 8; Time, n. pag.)

A mere 12 weeks is the amount of unpaid maternity leave promised to working mothers under the Family Medical Leave Act (FMLA) in America. Although many mothers-to-be gladly take the dozen weeks off, American families are at a disadvantage compared to other families around the globe. The United States is the only industrialized nation in the world that does not guarantee or even offer paid maternity leave for working mothers; employers decide whether to provide paid leave for mothers. In the last few decades, more women have traded their aprons for briefcases. However, working women in the United States must choose to raise families while keeping their jobs. Currently, women in the United States must choose between their kids or their career. Mothers who decide to have families must stay at home with a new baby with no guarantee of a paycheck. New mothers should be guaranteed six months of fully paid maternity leave in the United States because they need to restore their health, paid leave helps the economy, and it promotes better health of the baby.