Question

Using the material covered in virtual lecture, PPTs, and the course text, describe the minimum entitlements afford to employees under the Family Medical Leave Act (FMLA)? In addition, identify three (3) conditions under which a company would not be required to provide FMLA benefit(s) to its employees (Section 13-2)

Answer 1

The Family Medical Leave Act (1993) states that eligible employers must provide their employees up to 12 weeks of job-protected unpaid leave, per year, basis their qualified medical and family reasons. The FMLA is designed to help employees get access to a reasonable time to ensure good health and protection for them and their families. FMLA act applies to all public agencies, public and private elementary as well as secondary schools, and organizations/corporations with 50 or more employees. The minimum entitlements under FMLA for an employee are as follows:

• up to 12 weeks of unpaid leaves (job-protected),
• the employer should continue covering the health insurance for the employee even during the leave period,
• the employee is entitled to return to the same job as long as he/she returns within the leave duration period,
• leaves claimed via FMLA cannot be held against the employee in employment actions like hiring, promotions, or disciplinary purposes,
• FMLA allows employees to claim leaves as a single block, or in parts basis the medical conditions,
• usually leaves under FMLA is considered to be unpaid, however, employees may choose to merge it with existing paid leaves upon the discretion of the employer.

Even though FMLA is now instituted with most working institutions, there are a few exceptions where an employer might not require to provide FMLA benefits to the employees.

• Organization has very few employees: private sector employers who have lesser than 50 employees in the organization do not qualify to provide FMLA to the employees.
• Not eligible under FMLA requirements: even if organizations qualify to meet the FMLA policy, employees can be eligible to claim their benefits if they have worked for at least 12 months with the same organization and for at least 1250 hours during the 12 months.
• Uneligible reason for leave: FMLA outlines certain scenarios when leaves can be claimed - including but not limited to child care, care for a parent or spouse, etc. If the reason for leave application does not meet the ones outlined in the FMLA act, the employee would not be able to avail the benefits.
• Unqualified health conditions: employees may be denied FMLA leaves if the illness doesn't have a bonafide "serious medical condition" as is described in the FMLA act.

Family Medical Leave Act focuses on ensuring a work-life balance for employees with the aim of providing the safety of job opportunities without compromising health or family emergencies.