The Family and Medical Leave Act - an Analyzation and Glimpse into Policy and Procedures

All throughout life, as human beings, naturally we find ourselves being faced with challenges that we must endure. These challenges may be individual challenges or challenges faced by our loved ones, which can affect us just as much as individual challenges. These challenges may be career related, health related, or financial related. We may even find ourselves putting our loved ones importance in front of our very own self. Either way, as Americans, we have a right to care for ourselves and our loved ones, and it’s important to have a government law that will protect us and allow us to care for ourselves and our family in times of need. We cannot properly care for ourselves or family during these times while working a full forty hour + work week. The Family and Medical Leave act of 1993 helps to protect Americans in the work environment during these times of need.

The Family and Medical Leave Act of 1993 was perhaps one of the most important acts put in place to protect employees personal life needs in the work environment. Illness is occurring more as time goes on, cancer rates are rising; yet we still must continue on with our lives and earn a living. The Family and Medical Leave Act protects us as employees  if the time comes where we need to take leave to care for ourselves or loved ones. It also protects pregnant women and those serving our country. Though the Family and Medical Leave Act does not legally make employers pay their employees during this time, it will ensure that the employee still has the same job, or one of equal level and benefits, when they return. This can be crucial in times of pregnancy or illness where the situation can already be stressful enough, why should you have to worry about losing your job on top of it all?

        The Family and Medical Leave Act, or FMLA protects eligible employees during their time of leave for twelve workweeks of leave in a 12 month period (dol.gov). This is applicable to both public and private employers with 50 or more employees for each working day in each of 20 or more weeks in the current calendar year or the prior calendar year (Davidson & Forsythe). The employee is entitled to their job when they return from leave occurring with the following:

• Birth & care of a child within one year of birth
• Caring for a child via placement of adoption or foster care of employee within one year of placement
• Caring for employee’s spouse, child or parent of whom has a serious health condition
• A serious health condition faced by employee whom is unable to perform required tasks of job
• Any qualifying need from employee’s spouse, son, daughter or parent whom is a covered military member
• May be eligible for up to twenty six work weeks of leave to care for a covered service member (son, daughter, spouse, parent or next of kin) with serious illness or injury

If the employee meets any of these stipulations, they are legally allowed back to their position after said leave. If they are not given the same job back, it must be one of equal pay and responsibilities. The only way this can be fought by the employer, is if the employer can show proper evidence that “substantial and grievous economic injury would occur if the key employee were restored to their original position,” (Davidson & Forsythe). As previously mentioned, the employer is not legally obligated to pay the employee during this leave, but the employee is entitled to using vacation or sick time pay.