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Communication Issues Of The Family Medical Leave Act
Between Employer And Employee
According to Issues and Controversies (2000), “the Family and Medical Leave Act, the first major legislation signed by President Clinton (D), went into effect in August 1993. The act is administered and enforced by the Department of Labor”. This paper will examine the impact and consequences of communication issues that arise between the employer and employee regarding the provisions to the Family Medical Leave Act.
The Role of the Employer in the Family Medical Leave Act
According to the U. ... Department of Labor, employers engaged in commerce, or any industry or activity affecting commerce, and who employ fifty or more employees for each working day during each of 20 or more calendar workweeks in a current or preceding calendar year, are covered by the Family Medical Leave Act (FMLA) section 825. ... The Fair Labor Standards Act (FLSA), 20 U. ... 300, states that every employer covered by the FMLA is required to post notices explaining the Act’s provisions, and provide information concerning procedures for filing complaints of violations of the Act with the Wage and Hour Division. ... Employers who fail to post and/or provide the required notice and regulations may not take any adverse action against an employee for failure to comply with any required provision, including denying FMLA leave for failing to furnish the employer with advance notice of a need to take FMLA leave. ...
Specific expectations and obligations of the employee are outlined: such as the furnishing of medical certification regarding a serious health condition, payments required to maintain health benefits, periodic reports of the employee’s status, a fitness-for-duty certificate for restoration of employment, along with any consequences due to the failure of meeting those obligations. ...
Written notice must be provided to the employee in each six-month period during which an employee gives notice of the need for FMLA, within one or two business days if feasible, either in person or mailed to the employee’s address of record if leave has already begun. ... 112, specifically outlines the kinds of circumstances required to grant family or medical leave. ... Expectant mothers may take FMLA leave before the birth of a child if their condition makes them unable to work. ... FMLA leave may be granted before the actual placement or adoption of a child if an absence from work is required for the placement for adoption or foster care to proceed.
3) To care for immediate family such as a spouse, son, daughter or parent with a serious health condition. Employers may not take action against an employee who is caring for an immediate family member receiving treatment for substance abuse. ... Established employer policies for substance abuse may subject an employee to termination, whether or not they are taking FMLA leave.
Employers, who qualify under the FMLA, will want to keep abreast of the FMLA, any amendments, and legal issues and judgments rendered by the courts regarding their interpretation of the FMLA law.
Approximate Word count = 2379
Approximate Pages = 9.5
(250 words per page double spaced)
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