Maternity Leave Case Study

America being one the most industrialized nations it is shocking to most to discover that it does not provide a more beneficial maternity leave when compared to its European counterparts. Not only is Europe leading the way for a lengthier leave of absence for new mothers, they also provide financial benefits to those families with newborns, to American society this is not considered a cultural norm, in fact it is even bizarre to some that having a child while in the work force would even be beneficial. Consequently, the difficulty in accessing a reasonable maternity leave in America creates long term effects on a child’s development.

The Family and Medical Leave Act (FMLA) became public law on February 5, 1993. Its purpose is to grant family and temporary medical leave under certain circumstances that will allow the employee to balance the demands of their job with the needs of their families. Some examples of eligible leave are: for the birth or adoption of a child, to care for an (eligible) family member that has a serious health condition or because the employee themselves have a serious health condition and is unable to work for an extended period of time. Further, the FMLA was enacted in order to minimize employment

Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).

In case study 8 Sick Leave, and the cross-culture communication is a dilemma because of the differences in work ethics between an employee from the United States working in Japan, and what is expected by the supervisor in Japan. The difference is the fact that Kelly, the Canadian employee, is highly educated in the field of management, and wants to follow employment rules and regulations to the best of her ability, within both her norm as well as what is written in her current employment.. On the other hand, the Supervisor in Japan, Mr. Higashi, he wishes to hold to the loyalty to the company and what is the culture norm, rather than what is in line with Japanese employment rules and regulations.

Some history on the case, Francis started working with Elsevier in 1991. The role of his employment was that of a production assistant. After a while, he was rehired after a company restructuring in which his new position was that of an associate database publishing editor. The main problem of the case concerns his wife's condition, amytrophic lateral sclerosis. Due to her condition he considered his potential rights under the Family Leave Act with a human resources representative from the company. A boss change led to him being interviewed with a new supervisor where he discussed his wife's condition. Shortly after he was dismissed. "Randall Francin had worked at Mosby, Inc., for twelve years before his wife was diagnosed with amyotrophic lateral sclerosis (LouGehrig's disease). "(Cross & Miller, 540) I believe if Francin's wife's condition was not discussed his performance would not have come into question. From the evidence presented especially after the appeal, I believe he was unlawfully terminated considering the close timing of his dismissal after it was known of his wife's condition.

The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered

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)

The federal government passed the Family Medical Leave Act in 1993. The FMLA only applies to employers with 50 or more employees, except government agencies and schools. The employee must have worked for at least 12 months and worked at least 1250 hours within those last 12 months. Employees have up to 12 workweeks of unpaid leave each year with no threat of job loss. It also requires that employers covered by the law maintain the health benefits for eligible workers just as if they were working. Family Medical Leave Act is important to employees for many reasons. The first reason is employees will not be worried about their job when they take off, since their job is secure under FMLA.

According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by

The other Federal law, the Family and Medical Leave Act gives added protection. The Family and Medical Leave Act went into effect August 5 1993.

     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

The Family and Medical Leave Act grants eligible employees the opportunity to take an unpaid, job protected leave for specific family and medical reasons. This Act was passed and signed by President Bill Clinton, as one of his first achievements as President. The Family and Medical Leave Act was first introduced by Women’s Legal Defense Fund in 1984. It was brought to Congress’s attention every year for 9 years. Although it passed Congress twice, President George H.W. Bush vetoed it each time. It took time for the Act to get the recognition it deserved, but once it did, it gave millions of citizens an opportunity they couldn’t afford to take otherwise. The Federal Agency charged with oversight of this law is The Department of Labor’s Wage

Every day in California, working men and women face conflicts between their work responsibilities and their families. In order to work they must make arrangements for their children and elderly family members who need assistance. They address these conflicts through a variety of child-care, after-school, and eldercare arrangements. But sometimes when a child is seriously ill, an aging parent’s health deteriorates suddenly, or a baby is born or adopted, these daily arrangements are no longer adequate. At such times of family need, an employee simply must take time off from work because no alternative care arrangements will do. That is why in 1993, Congress passed the Family and Medical Leave Act (FMLA), which was

Every single person should be aware of its rights and benefits as a worker in a company. A benefit that commonly women get is, “Maternity leave,” or “Family leave.” This an principally significant topic, since in some companies, and corporations this right is not truly respected, and some employees don’t know how to fight for their privileges.

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.