Family Medical Leave Act

Family Medical Leave Act

Sheera D. Oliver-Vaughn

University of Phoenix

My paper is on Family Medical Leave Act. I would like to discuss the five “W’s.” what is FMLA, why was FMLA enacted, who is covered under FMLA, when was FMLA enacted, and where is FMLA located? When I finished explaining these five W’s he or she will have a better understanding about FMLA. How the state system versus the federal system incorporates their laws?

What is FMLA?

The acronym for FMLA is Family Medical Leave Act. The Family Medical Leave was implemented in 1993 by the former, President Bill W. Clinton. Family means a person is related to him or her. Medical means a condition that needs to be treated by a licensed doctor. Leave means to be able to depart at any time.

Why was FMLA enacted?

Family Medical Leave Act was passed to allow eligible employees to work and take care of an ill family member. A family member is defined as a child, spouse, or parent who has a serious health condition. The Family Medical Leave Act was also, passed for the employee and not just his or her immediate family members. Family Medical Leave Act was passed because “Congress believed that employees who were temporarily unable to work due to serious medical conditions had insufficient job security.” (Zachary, M., 2004)

Who is covered under FMLA?

On the first day of commencement, an eligible employee, who is employed for a period of at least 12 months, is covered under the Family Medical Leave Act. One of the requirements is that he or she “must have worked at least 1,250 hours during the previous 12 months.” (Compensation & Benefits Report, 2000) Some states allow leave of absences to care for in-laws, siblings, grandparents and even grandparent’s in-law.

Under this law, the employees do not have to request Family Medical Leave Act. However, the employer is responsible for informing the employee of his or her rights within an allotted time. Most company has forms for their employees to fill out. Once the employee fills these forms out, the employer determines if he or she meet the qualification for Family Medical Leave Act.

When was FMLA enacted?

The former President Bill Clinton enacted the Family Medical Leave Act of 1993 was signed on February 5, 1993. (Christenson, D., 1998) Even though this Act was passed in 1993, some companies just started to allow employees to use this Act. According to the provisions of the federal Family Medical Leave Act requires that companies with 50 or more employees provide up to 12 weeks of unpaid leave of absences every 12 months.

Where is FMLA located?

When the former President, Bill W. Clinton was in office. He passed the Family Medical Leave Act. This act was implemented for all the 50 states in America. However, all laws differs from state to state. Some states use the same laws, while other states laws are different.

How the State system versus the Federal system incorporates their laws?

How the State law differs from the Federal laws? In some states an employee leave may be greater under the state laws. Some states grants people up to 16 weeks off. Other states offer only 12 weeks off. In California, where some leave provided under “state law cannot run concurrently with FMLA leave,” is possible to combine various protected leaves for a total of approximately seven months. (Shaw 2000)

Under the state laws for FMLA employees may be eligible for a leave of absence as soon as his or her employment begins. By law, an hourly employee can return to their current job or a job equivalent to his or her current position. However, an employer does not have to grant a salary employee his or her position back. The employer has a right to determine, “if the absence would affect the production of the work cite.” (Nelson, K., 1995) State laws often provide eligibility in smaller companies and even though, the employees’ occupancy there is short-term. “Employees may be eligible for state-mandated leave as soon as their employment begins.” (Green, M., pp. 27-32)

According to Green (2005, pp. 27-32), California paid family leave does not provide job protection, but workers’ jobs might be protected under the federal Family Medical Leave Act or the California Family Rights Act. One of the requirements for California employees to have paid family leave is based on his or her employers having coverage with the state disability insurance.

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