...To gain a better understanding of how acts of congress are formed from inception to enactment there are various methodologies one can use. For this paper I will be using the Analytical Framework methodology as described in our class textbook, The Struggle for Democracy by authors Edward Greenberg and Benjamin Page. The congressional act I’ve chosen to explore is one of great importance to all working Americans. The Family and Medical Leave Act of 1993 specifically deals with the need of our nation’s workforce as it relates to work/life balance. The purpose of this paper is for the reader to gain an understanding of how the Family and Medical Leave Act of 1993 came to be signed into law by providing the context of why the need for such a...
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...Abstract The Family and Medical Leave Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. The FMLA allows an employee to take up to 12 weeks of job- protected leave within a 12 month period for the following reasons: (a) birth of a new baby or placement of an adopted or foster child; (b) care of an immediate family member with a serious health condition. Immediate family members are to include spouse, parent, and children; (c) care of the employee’s own serious health condition. Are dead beat parents entitled to these privileges? The Family and Medical Leave Act of 1993 was signed into law by President Bill Clinton on February 5, 1993. The federal law became effective August 5, 1993 and revised with an effective date of January 16, 2009. The FMLA was once again amended by the National Defense Authorization Act (NDAA) for fiscal year 2010 (www.dop.nv.gov). The amendment by the NDAA expanded FMLA coverage to those eligible employees with family members enlisted in the Regular Armed Forces and coverage for “military caregiver leave” to eligible personnel who are immediately related to certain veterans with a serious injury or illness (www.wagehour.dol.gov). Explain if it matter 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. Per the Family and Medical Leave Act, an employee...
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...Family Related Issues LEG500 October 28, 2011 1. 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. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. With this being the law of who is covered and who the employee may take FMLA Leave to care for shows that yes Tony may take leave for up to twelve weeks to care for his father. The law does not state that parent had to have sole custody or that they had to have a significant role in their child’s upbringing and life. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The federal FMLA only covers a specific set of employers. Public agencies, including state...
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...Assignment #2 – Family Related Issues Dr. Rodgers Law and Ethics – LEG 500 July 29th, 2011 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. Family dynamics plays an important on various roles in our day to day lives as well as our careers. Every family has their own ways of deciding who has the power and authority within the family unit, and which rights, privileges, obligations, and roles are assigned to each family member. However not all families are structured in this matter. In this case study, an employee Tony who is employed at an Auto car dealership informed his boss that his father is ill and needed surgery. Tony stated to his boss Herman that he would like to take a leave of absent to care for his terminal father; Tony also disclosed to his boss the non existing father/son relationship to Herman who told Tony that he could lose his job if he decided to take a leave of absent. The family and medical leave act established to help employees keep their benefits and jobs attending to family and serious medical issues. The Family and Medical Leave Act (1993) states that, a parent is either the biological parent or the person who acted as the parent when the employee was a child. A son or daughter is either biological, adopted, under foster care, a stepchild, a legal ward, or any child that the employee is assuming parenting...
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...Why the Current FMLA Policy is not Enough? Annette Fininen Prof. Davenport ENG 215 May 26, 2013 Why the Current FMLA policy is 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...
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...biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. It does not matter if the 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. The FMLA does not specify whether or not the member of your family had to be active in the employee’s life as a child or not. What is clarified in the Family Medical Leave Act (FMLA) is that it must be for the care of an immediate family member (spouse, child or parent) who has a serious health condition (www.osrllg.com). In this case this is Tony’s biological father; the discrepancy was that he wasn’t a part of Tony’s life when he was growing up. Tony’s father is still considered his biological father whether he played a part in rearing Tony or not. If this was Tony’s stepfather or uncle it may still be considered immediate family, it’s up to the employer to decide on who’s considered immediate or not. An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA (www.fmlaonline.com). There have been cases where an employee has been approved for FMLA to take care of aunts, uncles and god parents and children if they have power of attorney or if they are considered a guardian. In order to get FMLA approved for someone that is not considered immediate family, it would have to be indicated that, that person played a role...
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...ASSIGNMENT # 2- FAMILY RELATED ISSUES LEG 500- LAW, ETHIC, AND CORPORATE GOVERNANCE DRA NEKIA HACKWORTH KARLA ZALDANA JAN 30, 2012 INTRODUCTION The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave of specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had no taken leave. Eligible employees are entitled to: Twelve workweeks of leave in a 12-month period for: • The birth of a child and to care for the newborn child within one year of birth • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; • To care for the employee’s spouse, child, or parent who has a serious health condition. • A serious health condition that makes the employee unable to perform the essential functions of his or her job. • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is covered military member on “covered active duty;” Twenty six workweeks of leave during a single 12 month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave) • 1. Explain if it matters that a parent...
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...Safety and Health Act of 1970 later in 1971 Congress created the Occupational Safety and Health Administration (OSHA) with a mission to assure safe and healthful working conditions for working men and women by enforcing as well as setting standards and providing employees with training, outreach, education and assistance. Under the Occupational Safety and Health Act of 1970 employers gained the responsibility of creating a safe and healthful workplace for their employees. The Occupational Safety and Health Administration (OSHA) coverage is set to cover private sector workers, state, local government, and federal government workers. In all 50 states OSHA covers private sector employers and employees with the exception of the District of Columbia including other U.S. jurisdictions either directly through Federal OSHA or through an OSHA approved state program. Local government employees and state employees are not covered by Federal OSHA, but receive protection under the Occupational Safety and Health Act of 1970 if they work in a state that an OSHA approved state program in place. There are four additional states including one U.S. territory have OSHA approved plans in place that cover public sector employees only. The states and territory includes: Connecticut, Illinois, New Jersey, New York, and the Virgin Islands. The private sector employees working in the states mentioned including the Virgin Islands are protected by Federal OSHA. However, federal agencies are required...
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...Michael Collins Presents: Family Medical Leave Act Abuse: Regulation Changes are Necessary for Today’s Workforce. In partial fulfillment of the requirements for English 215 Research and Writing Summer 2014 To: Professor Sgroi, Course Facilitator Department of English and Humanities Strayer University—White Marsh Campus White Marsh, Maryland Family Medical Leave Act Abuse: Regulation Changes are Necessary for Today’s Workforce. Abuse of the Family and Medical Leave Act regulations by reciepients is a common practice that affects those who depend on the regulation. When Interminttent FMLA leave is requested, employers often find employees abusing the leave, when the leave is not necessary. When Intermintent FMLA leave is exploited, it affects those who do not abuse the regulation; by adding more stipulations to time allowences and even lessening the time granted for those who do not abuse the leave. This has become a major problem with employers and employees. The Family and Medical Leave Act must be changed, in order for it to protect those who it is intended for, and not as a “work when I want” for those who it is not intended for. The history of FMLA started in 1984 when the first draft of the legislation was written by The National Partnership for Women and Families. The Family and Medical Leave Act passed in Congress in January 1993 with bipartisan support. President Clinton signed the act with it being one of his first accomplishments...
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...Family Related Issues Legal 500 1. 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 to care for the parent. The guidelines for the family medical leave act do not detail nor require parental involvement. Therefore one should not infer an absent parent would not qualify because whether or not the parent had an impact on raising the child is not included in the qualification. Although it is not outlined that a parent must have a certain level of involvement in the child’s life there have been cases where employees have been awarded accommodation per FMLA for grandparents or other family members depending on the level of commitment in the raising of the child. For example grandparents and aunts that assumed the responsibility of primary caregiver have been awarded the approval. “The leave requirement is ‘in order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition (Halbert, & Ingulli. 2010)”. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. Size of the business does have an impact on employee eligibility under the FMLA companies with less than 50 employees are not subject to the job protection under the Family Medical Leave act. Although this may not be fair to the employees...
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...Family Related Issues Rajendra Damaraju Professor: Judge Richard B. Potter Legal LEG 500 November 01, 2011 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. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based upon financial or physical responsibilities. Lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion, Herman violated the FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave. Many employees may have felt bad but, yet, they still have the love for their family members, especially biological parents. A good example could be inferred from ANTHONY G. MARTIN, versus BREVARD COUNTY PUBLIC SCHOOLS, Florida case, 2008 where Mr. Martin had to take care of her newly born granddaughter using FMLA leave as a loco parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave...
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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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...FAMILY RELATED ISSUES: FAMILY MEDICAL LEAVE ACT Family Related Issues: Family Medical Leave Act The Family and Medical Leave Act was passed by congress and signed by President Clinton in 1993. The Act was established because there was no low that dismissed ill or injured workers who missed too many days at work without termination. Based on the information found on the United States Department of Labor website, the FMLA provides an entitlement of up to 12 weeks of job-related unpaid leave during any 12 month eligibility period. The FMLA covers employees, for 1) birth and care of the eligible employees child or placement of a child in foster or adoptive care 2) care of an immediate family member (spouse, child, parent etc.) who has a serious health condition or 3) to care for an employee’s own serious health condition (Solis, Updated 2010). I. 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. Code § 825.122 (b) Parent. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined in paragraph (c) of this section. This term does not include parents “in law. Based on the description of a parent in the above code, Mr. Sulka had every right to take family leave to care for his elderly father when he comes...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES ALICE F. EDDINGTON PROFESSOR RHONDA J. WILLIAMS EVANS LAW, ETHICS, AND GOVERANCE LEG 500 JANUARY 26, 2012 Family and Medical Leave Act (FMLA) What is the Family and Medical Leave Act (FMLA)? It is an act that was passed in 1993; it is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. The four are: pregnancy, caring for an infant, this includes new borns, adoptions, and foster children that have been placed in your home, caring for a seriously ill relative, or to allow the employee to recover from a serious injury or surgery. (Halbert, 2010) 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 the parent. According to the FMLA, a parent is the biological parent of an employee or any person who acted as a parent to an employee when she or he was a child. Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to care for the biological parent (DOL, 2009). Tony’s father was never in his life, but now that his father is sick, he is willing to take care of him. Herman has no right to tell him that he can’t take care of him because he was never there. When he thought he was putting him in a nursing home, he was all for letting him take time off for that. But when he asked for leave to check him...
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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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