FMLA Abuse

Some of the disadvantages that the employer faces are not being able to predict when employees will be taking FMLA leave, causing them to make last minute changes to work schedules and the understanding of what is considered to be a serious illness. A recent survey reported by Ioma, a leading business management organization, states that the Society for Human Resource Management (SHRM) found that 68% of organizations have experienced challenges in administering medical leave under the FMLA. These challenges include:

Employers are limited to what they are allowed to ask and employees are allotted time off before being required to provide medical documentation supporting their request for leave. These gaps in detail in the documentation of the Family Medical Leave Act are giving dishonest employees an opportunity to obtain time off without any due explanation. Sue Sumler from the Manufacturers' Alliance/MAPI explains the problems caused by a vague definition of serious health condition. "Because the definition of a 'Serious Health Condition' is vague, almost any¬one can find a physician to certify that they have a chronic condition that meets the definition. Many of this company's intermittent leaves are for migraine headaches. The physician certifies that migraines may occur at any time. Some employees approved for leave for migraine headaches miss four-five days a month and more. For some, it appears that FMLA has given them an extra 60 days off work."

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

The first place an employer would want to start in order to understand which laws affect them as an employer is compliance assistance information and resources. Under the website subheading, Help Navigating Department of Labor Laws and Regulation it gives a general definition of compliance assistance. It states, that compliance assistance is an important part of the Department’s effort to protect the wages, health benefits, retirement security, employment rights, safety, and health of American’s workforce

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 and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

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).

I would recommend Company X create a policy that documents FMLA procedures and clarifies what to expect while on leave (salary and benefits).

| An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return.

Second, the company should show a gesture of good faith and up hold the original manager’s agreement. Third, an amendment to company policy should be put in place to cover future events. Written and signed by both management and employee to the exact terms agreed upon prior to leave under FMLA are to be taken. This is for the protection of the company and their employees.

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

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

The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50 or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor, 2017). To count the

The second practice I have taken away is the Family Medical Leave Act. I chose the Family Medical Leave Act because It is important to consider your employee’s health and consider that your employees have family. This practice can be taught by showing management how to let someone have this leave and show them in the benefits packet. You can also have the law posted in the Human resources department. This practice can be used for employees who are sick or for the employees that have family that are sick or if you have an employee who just adopted or had a baby.

This is very important to Human Resource Professionals because they are the ones that make sure organization objectives are being met, and policies are being followed. It is the Human Resource professionals that deal with staffing, compensation, safety and health, training and development as well as employee and labor relations issues. Therefore if any situations in the workplace occur