...will describe how Human Resources comply with the Family Medical Leave Act. The importance of job analysis and staffing levels will be explained. This organization does participate in performance appraisal and the purpose of these reviews and any rewards will be reviewed. Roles and Processes Many organizations have Human Resources Departments that function to ensure that the rights of its employees are respected. According to HR the primary roles of this department in our organizations is “to ensure equal and fair treatment of potential, current, and past employees. Most Human Resources Departments have different roles and processes it is responsible for. The Human Resources Department also is expected to ensure that there are processes in place that help hire and retain employees. There is a need for employees that will provide the best possible care and increase patient satisfaction. Human Resources needs to have process in place that will reduce turnover, for hiring people who are a good fit, focuses on retention of top employees, and improves employee engagement (DiPietro, 2012). FMLA One specific process that Human Resources is responsible for is the Family Medical Leave Act. The Family and Medical Leave Act (FMLA) of 1993 allows “eligible” employees 12 weeks of job-protected, unpaid leave in a rolling 12 month period ("FMLA," 2009). There is a need for compliance with the law as it relates to this act that the Human Resource Department is...
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...Family Related Issues Explain if it matters that a 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 (FMLA) to care for that parent. Families in America today look different than they did in the past. The families of today have changed complexion, changed composition, and changed expectations, but not matter what the change is within a family, its function in our society remains the same. The function of a family is to provide for and nurture the development of future generations. The Family and Medical Leave Act (FMLA) also allows eligible employees to take up to 12 weeks of job-protected leave to care for a spouse, child, or parent with a serious health condition. According to the FMLA statute, a “parent” is any person who is the biological parent of the employee or who stands, or stood, in loco parentis (in place of the parent) to the employee when the employee was a child. A person is considered “in loco parentis” if he has day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had this type of responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Parents-in-law, however, are not included within the meaning of “parent.” (Michelle’s Law (Public Law 110-381), 2009) Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under...
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...States Congress vs. Maternity Leave The maternity law currently in the United States is named the Family and Medical Leave Act (FMLA). The FMLA is a federal law that “requires employers with 50 or more employees to provide 12 weeks of unpaid leave to employees who have worked at least 1,250 hours in the previous 12 months” ("State Family and Medical Leave Laws"). Also it is “the first job protected national maternity leave policy” in the United States (Berger). This act was the fist medical leave act in United States, made in 1993 to “promote economic stability and preserve family integrity, to entitle employees to take leave for medical reason to care for a child…and to provide equal employment opportunity for men and women” (Berger).The...
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...Legal Challenges and Judicial Interpretations Arising from the FMLA of 1993 Several challenges and issues have emerged from this Act. To begin with, many women have become more victims of discrimination because of the requirements of the Act. This is the case because many companies have been ignoring women whenever hiring specific professionals. According to such companies, women will definitely benefit the most from this law because they will have to take care of many children and relatives. Studies have confirmed that many women are single mothers (The Family and Medical Leave Act of 1993, 2015). This situation makes them prone to different problems. Such women should also be provided with unpaid leaves every year. Legal experts have argued...
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...1. Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. Who is covered? Family and Medical Leave Act (FMLA) provide a means for employees to balance work and family responsibilities by taking leave for certain reasons. The law is intended to promote stability and economic security for families, as well as national interests in preserving the integrity of the family. FMLA applies to any employer in the private sector, which is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more employees each working day for at least 20 calendar weeks in the current or preceding calendar year. The law applies to all public institutions (state and local authorities) and local educational institutions (schools, whether public or private). These employers do not have to meet the "50 employee" test. Section II of the FMLA covers most federal employees who are subject to regulations issued by the Office of Personnel Management. To be eligible for leave FMLA, a person must (1) be used to cover the employer and work in the workplace within 75 km of which the employer uses at least 50 people, (2) worked at least 12 months (not to be in another sequence) for the employer, and (3) worked at least 1250 hours during the 12 months immediately preceding the date FMLA leave begins. FMLA provides the right to 12 weeks of protected, unpaid leave during any 12-month period for the following reasons: Birth and child care worker or placement for...
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...not Enough? The dynamics of the American family have changed. No longer is a working father, stay at home mother, and kids considered the norm. Even the definition of “family” has changed dramatically. Changes in the American “norm” raise an important question, “Should the Family and Medical Leave Act be changed?” to meet our communities evolving needs. In the United States, the current Family and Medical Leave Act (FMLA) only provides up to twelve weeks of unpaid leave, but compared to other counties with similar policies the act does not have enough coverage to protect the average worker and should be changed. A woman walks into her human resources office crying, asking to speak to someone. She is currently on FMLA leave to care for her sick child who has been diagnosed with leukemia. She is a single parent with two other children at home to care for as well. Even with insurance coverage, the bills are mounting because FMLA is unpaid and she has exhausted all of her personal time off (PTO). With her steady income cut-off, she is concerned how she will pay her bills. She has no close family to turn to for support and does not qualify for government assistance. Her story is just one example. According to the United State Census, in 2010 single parent households comprised about 9.6 percent of the total U.S. household population. There are about 10.4 million single-mother families and 2.5 million single father families. About 5.7 million, or 8 percent of the total...
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...of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous, intermittent or a reduced schedule. Employees are required to work for the company twelve months prior to requesting leave. During the twelve months, a minimum of 1250 worked hours...
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...A The Family and Medical Leave Act of 1993, states that all companies with 50 or more employees must offer an unpaid leave of absence to employees to take care of the birth or adoption of a child, personal, or family illness. An employee must have a minimum of 12 months of continuous employment or at least 1,250 hours on the job. Under the act, an employee may take up to 12 weeks off on an unpaid leave. In accordance to the act, the employee will be allowed to return to their previous job, at their previous rate. If for some reason their job was occupied, we must provide the employee with a different position at the same pay rate as their previous job. Our company currently employees over 75 workers; therefore, we must comply with act. We must also comply with The Family and Medical Leave Act of 1993 because the Employee A has been with the company for more than 12 months. The fact that his wife gave birth prematurely has no effect on the employee’s request. The request for Employee A to return to their previous job with their previous pay rate has been rightfully granted, because the employee meets the requirements stated in The Family and Medical Leave Act of 1993. If the position has been occupied, then we must give the employee a different position with the same pay rate. In regards, to Employee A’s request for the pay that was withheld from his leave of absence, the manager did the correct thing by denying the request of pay for the withheld salary. The Family and Medical...
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...Situation A – Family Medical Leave Act of 1993 The Family Medical Leave Act, FMLA, requires that a covered employer must provide a qualified employee with twelve weeks of unpaid leave in any twelve-month period to care for oneself or a family member with a serious health condition. The FMLA requires twenty six weeks in any twelve month period for the care of a member of the armed forces. Within this act are a number of conditions and exceptions. A serious health condition that is covered by this act includes pregnancy, prenatal complications, birth of a child, adoption of a child, or fostering a child. The health conditions also include chronic condition, long-term conditions, hospitalization, and ongoing treatment conditions (FMLA). An employee may choose and an employer may require an employee to use any unused sick/medical leave, personal leave, family leave, and vacation for all of the twelve weeks or for however much time employee has in unused leave. The paid sick/medical leave can only be used if such conditions for would otherwise be accepted by the employer as provided in the employer’s handbook. The twelve weeks can be taken continuously, intermittently, or as reduced work schedule. An employer must continue to provide health insurance benefits during the twelve weeks as it would if employee was actively working. Upon returning to work the employer shall provide the employee with the same position or an equivalent position with equivalent pay as the employee...
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...Issues, Solutions, Pros & Cons: Everything You Should Know About The Family and Medical Leave Act (FMLA) Traci Johnson ENG.215: Research and Writing Prof. D. Meadows What is FMLA? How does it work? These questions are very common when it comes to FMLA. Many people do not understand the fundamentals of this act, nor the effects that it can have on the employer as well as the employee, and fellow employees. Throughout this paper, you will learn what FMLA is, how it works, the issues, pros, and cons of this act, as well as solutions that could better this act, and help it to be more easily understood and beneficial to all parties involved. What is FMLA? FMLA is the abbreviation for the Family and Medical Leave Act; which is a bill that was passed in 1993. This bill states that federal law required companies and employers, who employ more than 50 employees, must provide their employees with 12 work weeks of job-protected and unpaid leave for qualified medical and family reasons. However, not all employees will qualify to receive leave under the Family and Medical Leave Act. There are several qualifying factors that determine whether or not the employee is eligible for leave under this act, and whether or not a company is even required to honor leave under this act. It is required by law that all public, state, local, federal, and educational agencies, and all private sector employers who employ 50 or more people for at least 20 workweeks in a 12 months year...
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...for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical Leave Act of 1993 when considering a leave request by an eligible employee. | Employee has been employed at the company for 2 years. | An employee must have worked for a covered company at least 1,250 within the past 12 months in order to be eligible for unpaid leave and job protection under FMLA. | Employee meets eligibility requirements for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. | Employee was granted sudden leave upon request due to the birth of his children. | Eligible employees are entitled to parent bonding time after the birth of their child(ren). | Employee gave notice and was granted leave to bond with his children. | Employee’s duration of leave was 11 weeks. | Eligible employees are entitled to 12 workweeks of leave in a 12 month period for an FMLA-eligible cause. | The employee is eligible for job protection under FMLA because the leave did not exceed the 12 week entitlement. | Some or all of the employee’s salary was withheld during his leave time, and the employee is requesting reimbursement. | Covered employers are required to allow 12 weeks of unpaid leave and job protection...
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...guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous, intermittent or a reduced schedule. Employees are required to work for the company twelve months prior to requesting leave. During the twelve months,...
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...Analysis of Labor and Employment Laws Situation A - Family and Medical Leave Act (FMLA) The FMLA was created in 1993 to assist employees in dealing with their personal family issues and work responsibilities. It allows a qualified employee to take an unpaid, excused, job-protected absence, for up to twelve workweeks in a 12-month period, to care for themselves or a family member with a serious health condition. Some of the covered conditions are: to care for a newborn child within one year of birth; to care for a newly adopted or foster child within one year of placement; to care for a spouse, parent, or child who has a serious health problem; to care for themselves if the employees own health issue hinders their ability to perform the functions of their job; or any emergency arising from the employee's spouse, parent, daughter, or son in the military on "covered active duty". The FMLA provisions include up to twenty-six workweeks of leave during a 12-month period for the employee to take care of a family member that has a serious illness or injury from military service. In a recent ruling, the definition of a spouse was amended to include and recognize same-sex marriages so they would be able to benefit from FMLA leave to care for their family or spouse, wherever they live. (http://www.dol.gov/whd/fmla/) In the given scenario, the employee had been with his company for two years and his wife had prematurely given birth to twins, which is definitely a covered health...
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...Examination of Situation A In each case regarding FMLA, all data points need to be gathered before any request is granted. It is vital to determine whether the laborer is qualified for the leave and whether terms are met as stipulated under the Family and Medical Leave Act of 1993 (FMLA). The Act states that, in order for someone to utilize the leave he or she has to have been employed by the company for more than 12 months. Specialist A had worked for 24 months, and it can be determined that the minimum of 1250 hours had been completed. The premise of the law is to enable individuals to take care of their family medical emergencies without being at risk of losing their employment status. In order to qualify for leave under FMLA, it must be to care for a relative or one's self due to a serious medical condition. In the example of Employee A, he would qualify, as leave was requested to care for his wife giving birth to premature twins. She and the babies would require continuous care - under FMLA, this does qualify as a serious health condition. Employee A can be on leave for up to 12 weeks, as long as proper documentation is provided per FMLA, and should under no circumstance be subjected to any hardship or victimization based on his request. Since Employee A had utilized 11 of 12 permitted weeks, there should be no negative action taken, and he should be restored to his previous position without prejudice. The only caveat would be if he were not able to perform the essential...
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...staffing function as a whole tends to be much more dynamic and quicksilver than the other management functions; regulations that govern it and other changes applied to it reflect this. a) Over the years, there have been many important changes, via regulations and otherwise, that have brought employment in the United States to where it is today. One such action was the enactment of the Family and Medical Leave act of 1993; this important piece of legislation changed employment standards in the US, requiring companies to provide job protection/leave for employees needing it for qualified medical and family reasons. Intended to ‘balance the demands of the workplace with the needs of families’ (dol.gov, 2015), this was a landmark change made to employment standards in the US, giving employees the safety to deal with vital issues in their own lives at home without fear of losing the jobs that provided necessary income. This act also challenged a long existing fear: the fear of starting a family. While the law covers everyone starting a family, I think this was especially vital to quashing a semi sexist standard applied to expecting mothers in the workplace. It is true that the US is not a paragon of employment practices; average work hours, allotted time for sick and vacation leave, even the FMLA 12 weeks given for family/medical leave don’t hold much of a candle to practices in other countries (Norwegian parental benefits, offered to all parents: total in the case of a birth...
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