The Family Medical Leave Act (FMLA)

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Josette Miller Employment Law Final Project-FMLA July 29, 2013 During initial employment there should always be a criteria or checklist of benefits that one must request or have to be satisfied with their employer. The first of course would be Salary, Job Stability, and Benefits last but not least. With benefits falls health, dental, visual insurance, short /long term disability, vacation/sick leave and in the case of serious illnesses, FMLA. The Family Medical Leave Act (FMLA) is a government mandated law that any company involved in commerce with over 50 employees to provide its employees 12 weeks of unpaid but job protected leave to individuals that are eligible for severe illnesses of themselves or close family (spouse, children etc...),…show more content…
There are four (4) different methods for choosing a "calendar year", some of which are very difficult to track manually. 5. Many companies require a 30-day notice before the leave can be used. 6. Due to many employees using the system incorrectly employers are very nervous, and can get cynics about other employees excused for using FMLA. 7. Employees that use FMLA are risking not being able to obtain promotions later, because FMLA can have a negative impact on an employee's record. With the various rules and regulations that have to be met before FMLA can even be applied the employee must be able to meet these specified rules: (1) Be employed by a covered employer and work at a worksite within 75 miles of which that employer employs at least 50 people (2) Have worked at least 12 months (which do not have to be consecutive) for the employer; and (3) Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave…show more content…
At this point the stated phrasing within the bylaws of FMLA for a serious illness is as stated; "any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility". This could obviously be many different things and companies have had excuses as small as the allergies or the common cold and as severe as cancer or bypass surgery. There needs to be a more specific ideas and rules as to what it defined as severe entails. Doctor's offices or hospitals could have the regulations on this so when they are filling out the paperwork they know whether they should even fill it out for the

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