Fmla Case Study

The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).

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

For this article, we were asked to research a subject related to our academic studies. Since I am attending in hopes of getting a degree in Human Relations, I chose Family Medical Leave Act, FMLA, as my subject. I currently work in Human Resources and handle FMLA cases as part of my responsibilities; however, there is so much involved I struggle with always knowing the proper steps to take with each case. Therefore, for this assignment, I thought I would take advantage of this opportunity and choose a subject that would not only complete the assignment, but also help me in my work life.

Furthermore, the FMLA excludes employees in most workplaces having fewer than 50 employees and excludes employees who do not have sufficient tenure (Armenia, Gerstel, Wing, 2014). According to surveys, most worksites are not covered by the FMLA because they're too small even though more than half of employees are eligible for the protections of the FMLA (Kelly, 2010). Only 1 in 6 worksites reports that it is covered by FMLA with about 30 % of worksites reporting that they are unsure if they are covered (Kelly, 2010). These uncovered and unsure worksites tend to be small and covered worksites tend to be larger (Hayes et. al, 2012). Then, only 59 % of American workers and less than 20 % of all new mothers are eligible for the FMLA (Sholar,

Employees who have not worked for a covered employer for more than 12 months or 1,250 hours are deemed not eligible for FMLA. One modification to the policy would be to allow these employees the same benefit as if they have been employed for the 12 months. This would be a positive impact on the policy by giving employees who ordinarily cannot afford to take a leave without pay. Under the FMLA, with the suggested modification, employees could use paid leave. Another positive modification would be to extend the ‘during the 12-month period’ to ‘during the 24-month period’; which states that an employee can only take FMLA once within the 12-month period (for non-military reasons) if the 12 weeks have been exhausted. According to the US Dept. of Labor; “eligible employees may take up to 12 workweeks of leave in a 12-month period” (The Family Medical Leave Act - Wage and Hour Division (WHD), 2012). Some leave may require an employee to use repeated family medical leave such as, caring for a child with a terminal illness (cancer, multiple sclerosis). One modification that could have a negative impact on the modification of FMLA would be if the extended time is approved and the employee uses the paid leave and does not return to work. This would mean that the company, who has held the position for the employee, now has to seek others to fill the position, and the company has lost money. Benefits were paid on behalf of the employee and life insurance policies were kept active. Additional record keeping is required, and coordination of benefits per policies. Other negative impacts from policy modification could include excessive absenteeism, decreased productivity, moral problems, and inability of co-workers to balance their own work and family demands. “Although the FMLA was intended to provide job security, it may have just the opposite effect if excessive absenteeism jeopardizes an employer’s relationships and

Moving forward, the FLSA was amended by the Portal-to-Portal Act on May 14, 1947, this legislation was significant because it resolved some issues as what constitutes compensable hours worked (Dept. of Labor, 1988). This act defined compensable work time,

Equal Pay Provisions: An amendment to the FLSA called the Equal Pay Act of the FLSA prohibits sex-based wage differentials between men and women employed in the same field who performs careers that require equal skill, effort, and responsibility that are performed under similar working conditions.

In accordance with 5 U.S.C. 8145 and Secretary’s Order 5–96, the responsibility for administering the FECA, except for 5 U.S.C. 8149 as it pertains to the Employees’ Compensation Appeals Board, has been delegated to the Director of the Office of Workers’ Compensation Programs (OWCP). Except as otherwise provided by law, the Director, OWCP and his or her designees have the exclusive authority to administer, interpret and enforce the provisions of the

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

It is unfortunate to hear about your mother health condition but I'm glad everything worked out in the end. Like your mom, there are many that have accommodated their job to their particular health condition. According to the research I did, employees tend to be more productive when the FMLA benefit is applied to their situations. I am sure that this also applied to your mother’s situation and that she became a better employee after been allow to work full time from home.

I would like to offer my assistance to help remedy some challenges we are having with reinstating Conna from FMLA. According to federal law, when an employee returns from FMLA leave a company is legally obligated to reinstate the employee to his or her former position or to an equivalent position. The employee’s former position is the position the employee held before going out on leave. A position is equivalent only if it is virtually identical, in every respect, to the employee’s former position.

The Chief Operations Officer (COO) and the Chief Executive Officer (CEO) are the responsible individuals, which must make the appropriate decisions in order to protect the company’s wealth. As the COO, responsibilities include supervision of the three different product lines that

The general principal behind this act is to ensure employees welfare and quality of life is safeguarded. Employees should therefore welcome and support any effort by the organization to adhere to its recommendation. Furthermore, adhering to this law ensures compensation discrimination is avoided. This is especially true considering FLSA was amended by the Equal Pay Act (EPA) in 1963. As a result, employers are restricted from paying unequal salary based on ones gender. Employees should be compensated equally provided they perform similar jobs, encompassing similar responsibilities and under same conditions (Ross, 2011).

Managers link the supervisors with the CEO because they are between the CEO and the supervisors. Managers interpret the goals/objectives from the CEO to the supervisors. Then the supervisors monitor the daily performance of subordinates. The command flows downward and the feedback goes up the chain.

In this above diagram, CEO has overall control over the different action taken by the company within the nation and international. CEO has the direct control over the head finance, head business department, head supply chain, head purchase and head quality assurance. And dotted line indicates that the CEO has the indirect control over the other functional head.