Regulatory Agency Paper
Lori Lewellen
HCS 430

Throughout this paper I will discuss and explain the application as well as how the Family and Medical Leave Act, which is also known as FMLA is implemented, as well as Worker’s Compensation Occupation and Safety and Health Act, which is also known as OSHA. I will also discuss the regulatory laws in which are implemented by organizations to make sure that these acts are adhered to and mandated while still providing employees with a working environment that is safe. Most of all organizations and agencies are forced to make sure that all of the governmental along with all city laws, are implemented to protect employee safety, welfare, health, and also to make sure that commitment is maintained to people within the community in which that it serves. The Family Leave Act, also known as FMLA, is an act in which each and every working employee, whether it is a male or female, a non-union or a union member, is allowed to take a leave of absence from their place of employment in which is a part of their employee benefits in accordance to the law for the following reasons: Employee gives birth to a newborn and needs to care for them; Employee fosters or adopts a child; Employee needs to care for an immediate family member such as their parent, their spouse, or their child that has a serious condition and needs constant care; or if an employee has a serious medical condition where a leave is needed ("Encyclopedia Of Everyday Law", 2011). Employees may choose to take this leave paid or unpaid for 48 months due to maternity leave or caring for their first born child. Employees may then take up to 36 months for each consecutive care for a new child thereafter. Any other type of family leave that is needed other than to care for a child, the employee will be able to take up to 12 months of leave. FMLA became effective in February of 1994 and it entitled all employees whom are eligible and approved to do so, a 12 weeks max paid or unpaid medical leave that is within a 12 month time period in order to care for a family member whom is considered to be immediate because of a serious illness where continuous care is going to be needed. In order for the employee to take a leave, the employee must provide the proper documentation and file a request of leave form ("Encyclopedia of Everyday Law", 2011). When the employee returns from there leave, they are not guaranteed that they will be assigned to the same duties as they were prior to going on leave, however, they are guaranteed a job in which is at the similar level as they were and with the same level of responsibility ("Encyclopedia Of Everyday Law", 2011). Employers are not allowed to punish an employee for taking FMLA leave by firing them or demoting them due to taking the time off. Employers will have a right to know the specific reasons as to why the employee is requesting a leave and they also have the right to ask for proof from a physician ("Encyclopedia of Everyday Law", 2011). The employer usually will also require that the physician provide proof as to when the employee is able to return working and what duties they will be allowed to do as well. The Occupational Safety and Health Administration Act, also known as OSHA was created in the Department of Labor so that employees and employers would become encouraged to minimize the hazards within the workplace by developing new safety and health programs that would be implemented, or to improve the existing programs in which are already in place ("Occupational Safety and Health Administration ", 2010). The OSHA act will also provide occupational safety and health research in order to ways that are innovative to be able to deal with occupational safety and health problems. The OSHA act has established a dependent, but separate types of rights and responsibilities that will allow employees and their employers to achieve conditions that safer and healthier ("Occupational Safety and Health Administration ", 2010). OSHA act makes sure that all job related illnesses and injuries are kept recorded. OSHA also makes sure that it is mandatory that all employers provide job safety and health standards to their employees and that they are enforced and followed effectively by all employees. OSHA is an act in which continuously redefines and reviews the standards and specific practices, but for the most part the basic purposes will remain constant ("Occupational Safety And Health Administration ", 2010). OSHA makes it a point to fully mandate and firmly implement these regulations with as much fairness as there possibly can be. OSHA guarantees employees and their employers the right to be fully informed and to be able to actively participate should actions need to be appealed. OSHA act applies to all employees and their employers that are within the 50 states of the US and any other territory in which is under the Federal Government jurisdiction ("Occupational Safety and Health Administration ", 2010). The OSHA acts defines an employer as a person whom is involved in a business affecting commerce in which has employee, but this does not included any political subdivision or the United States ("Occupational Safety And Health Administration ", 2010). Therefore, the OSHA acts applies to all employers and employees in all fields such as agriculture, law, construction, medicine, manufacturing, charities, private education, and organized labor. The OSHA act however does not cover employees whom are self-employed, or farms in which the only employees who work on the farm are family members, or work conditions that other federal agencies regulate and are then under their own federal statutes ("Occupational Safety and Health Administration ", 2010). OSHA is responsible for implementing legal standards within the workplace. OSHA standards require certain conditions or the adoption and use of multiple practices, means, or methods in which are appropriate and necessary to make sure that employees are protected at work on the job ("Occupational Safety and Health Administration ", 2010). It is going to be the employees responsibility to make sure that they aware and familiar with the standards that are applicable to their establishment to make sure that they have the proper and protective equipment that is needed to be safe while on the job. Employees are required to follow all of the rules and regulations in which are set by the OSHA act in which may be applicable of their actions within the workplace. Wherever OSHA does not have standards, employers are still responsible to make sure that they are following the act’s general duty clause in which states that all employers are required to furnish the workplace by eliminating any type of hazards in which could possibly cause death or any other physical harm to their employees ("Occupational Safety And Health Administration ", 2010). These acts and laws have been implemented and enforced to protect both employees and their employers. Both employees and employers have rights when it comes to the workplace and these acts helps to put those rules and regulations in play and be permanently implemented to be followed. There are times when employees will take advantage of these acts that have been put into play to protect them, however, usually there has to be a much given need to be able to take advantage of these two acts. These acts are there to protect employees and are there for when they are truly needed.

References
Encyclopedia of Everyday Law. (2011). Retrieved October 25, 2011 from http://www.enotes.com/everyday-law-encyclopedia/family-and-medical-leave-act-fmla
Occupational Safety and Health Administration. (2010). Retrieved October 25, 2011 from http://www.osha.gov/doc/outreachtraining/htmlfiles/introsha.html