Employee Safety, Health, and Welfare

Employee Safety, Health, and Welfare

Eryn Arnold, Adrienne Farthing, Jeri Floyd, Franklyn Oliver, and Anisleidy Pacheco

MGT 434

October 13, 2014

Doreen Smith

Introduction – Franklyn

FMLA

        The Family Medical Leave Act was enacted in 1993 to provide employees a way to take up to twelve weeks unpaid leave off from work and return to their position or a comparable position. To be covered under The Family Medical Leave Act (FMLA) the employee must be with the company for a minimum of a year prior to the request. The employee must also work for a company that has fifty or more employees in a seventy-five mile radius. The employee is required to give thirty days notice when practical of their intent to use the benefits of the act and if possible the length of time they intend to use. The act covers leave for the birth or adoption of a child, care for a sick child, parent, spouse or their own serious illness. The employer can require the employee to show medical confirmation of illness before approving leave. The employer can also require the employee to take available vacation or other paid leave days prior to using FMLA as long as they are compensated for those days as usual (Bennett-Alexander & Hartman, 2007, p.297).

OSHA

OSHA requires that employers “furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” (Bennett-Alexander & Hartman, 2007, p.689). Employers should implement training and procedures that meet or exceed OSHA standards to avoid accidents and citations. Employers must provide the tools needed to safely perform their jobs. They must also post the OSHA requirements and contact information in a prominent place within the workplace. If an incident does occur records should be kept and if the incident occurred because of something that can be corrected, the issue should be corrected immediately. Employers are also responsible to report a death at work or when three or more employees are hospitalized for work related injuries.

What protections are provided by FMLA and OSHA for employees?- Anisleidy

FMLA Application and Implication

        Family Medical Leave Act is in place to protect employees who need to take longer leave of absences while still holding their postitions within the company.  University of Phoenix has a typical FMLA policy in place which is administered by a third party which allows the company to avoid any discrimination or favortism for employees.  FMLA is available for employees who have been employed for at least a year and is a simple process to apply for.  Employees call a third party administrator and and answer questions regarding the length of time that the employee will be absent including the start and ending date of the leave. Employees are given a choice to use unpaid time or using sick and vacation time the only caveat is that they are not permitted to split the time between unpaid and paid time.  Employees can use sick and vacation time in order to maintain continuous pay while out on FMLA leave.   The company sends over documents that are required to be completed by in many cases a doctor’s office to validate the leave.  Requiring formal documentation helps avoid employees from misusing FMLA.