FMLA Research Paper Example | Topics and Well Written Essays - 1000 words

FMLA - Research Paper Example Significance, Function and Benefits i. To shun discrimination against female workers. ii. Employers must have 50 workers in their workplaces for implementing FMLA. iii. Leave must be approved for any worker that has worked at least 1250 hours in the previous 12 months. iv. The law requires that the employee should be restored to her previous status v. The aforesaid laws benefit a lot to those workers who qualify for leave. c. Court Rulings of FMLA i. case of Mitchell v. Chapman, USA (2003) ii. case of Darby v. Bratch (2002) iii. case of Cantley vs. Simmons (2002) iv. case of Coleman v. Court of Appeals of Maryland (2010) III. Conclusion FMLA advantageous for employees as it allocates them their health care rights. Family Medical Leave Act (FMLA) Introduction The  Family Medical Leave Act  came into being in the year 1993 to strike a balance between the employers and the employees in a scenario where employees have to take extended medical leaves in a serious condition which inclu des pregnancy or to take of any family members. The aims of promulgation of mentioned law is to safeguard the interest of the employees. It does not relate to pay the employee during the said period provided the employee does not otherwise have vacation in store. The eligibility of employees can be mentioned as: He or She is in the employment of an organization at least for a period of one year (not consecutive); He or She has worked at least 1250 hours during a year before leaving the current employer. The 12-month period immediately concludes before the leave; He or she works at a location where at least 50 employees are working or it is within the ambit of 75 miles (Budd & Brey, 2003). There are many advantages of FMLA. 12 weeks unpaid leave on the forward mentioned situations are given such as for newborn child of the employee, for adoption or foster care, for serious health condition of immediate family member and medical leave provided employee is unable to work due to precari ous health condition (Post & Siegel, 2003). Discussion The basic idea of introducing Family and Medical Leave Act of 1993 (FMLA) is to provide assistance to employees in balancing their work and family life. The act in question provides qualified employees with two sorts of job-ensured leave a) regular leave and b) military family leave. The FMLA covers both private and public sector employers. FMLA leave in general considered unpaid leave. Historically, Family and Medical Leave Act (FMLA) came into limelight twenty years back when Mr. Bill Clinton, the then President sent the bill to the competent legislative body for consideration (Aitchinson, 2003).   The said act turned into law on August 5, 1993, soon after the 103 congressmen voted in favor of it. This is binding on all employers having more than 50 employees. Later on it was amended in the initial phase of 2008 during the incumbency of President Bush. The National Defense Authorization Act replaced FMLA. In accordance with the mentioned act qualified workers can avail 26 weeks of leave for a spouse, child, parent or other dependent family member to take care of the injured person from the armed forces (Budd & Brey, 2003). Significance Before promulgation of cited Acts, which later on converted into laws, to shun discrimination against female workers in the case of newly have born child. At that time, only those workers got promotion and other benefits who had given up their desire for a family. Of