Transcript Family Medical Leave Act Jacob Hawkins John Gordon

Family Medical Leave
Act
Jacob Hawkins
John Gordon
Findings by Congress
 The number of single-parent households and
two-parent households in which the single
parent or both parents work is increasing
greatly.
 It is important of the development of children
and the family unit that fathers and mothers be
able to participate in early childrearing and the
care of family members who have serious
health conditions
 The lack of employment policies to
accommodate working parents can force
individuals to choose between job security and
parenting
Findings by Congress
 There is inadequate job security for employees
who have serious health conditions that prevent
them from working for temporary periods.
 The primary responsibility for family caretaking
often falls on women, and such responsibility
affects the working lives of women more than it
affects the working lives of men
 The employment standards that apply to one
gender only have serious potential for
encouraging employers to discriminate against
employees and applicants for employment who
are of that gender
Purpose for FMLA
 An act that grants a family temporally
medical leave under certain
circumstances
 To balance the demands of the
workplace with the needs of families, to
promote the stability and economic
security of families
 To entitle employees to take reasonable
leave for medical reasons,
History of FMLA
 The Family Medical Leave Act started on August 5, 1993
but there were other acts that helped form the FLMA.


In the 1940’s laws were started specially addressing
pregnancy. The Women’s Bureau of the Department of
Labor made specific recommendations regarding
pregnancy and take care of their children.
In 1964, the Cumulative Earned Leave Act, Lawrence L.
Suhm proposed that employees earn time off for their
jobs in addition to their regular vacation time, with the
leave time transferable between jobs and the amount
based on actual time worked. He proposed that job
benefits, seniority and other right will be protected while
on leave.
History of FMLA
 In 1986 the first bill was introduced
regarding family and medical leaves.
That bill provided 18 minimum weeks of
unpaid leave for any employee wanting
to remain home with a newborn, newly
adopted, or seriously ill. That bill was
defeated, and unions began fighting
heavily for parental leave and
consequently began issuing parental
leave in some form
History of FMLA
 In 1990 the bill was introduced again wanting
12 weeks of unpaid leave for medical
emergencies . Businesses didn’t like the idea of
the government getting involved in employment
policies, they were not opposed to the family
act in general. President Bush vetoed the bill
because he thought it would reduce employer
flexibility. The current FMLA was reintroduced in
1991 and passed in 1993. There were great
similarities between Suhm’s proposal and the
current FMLA.
Ragsdale vs. Wolverine World
Wide, Inc.
 Ragsdale vs. Wolverine World Wide, Inc.

The Supreme Court considered the
strength of a FMLA regulation which
provided that if an employee takes paid or
unpaid leave and the employer does not
designate the leave as FMLA leave, the
leave taken would not count against the
employee’s FMLA entitlement.
Ragsdale vs. Wolverine World Wide Inc.
 Wolverine World Wide gives employees up to 7
moths of unpaid sick leave. Ragsdale was
terminated after her request for additional leave
beyond the seven-month allowance was
exhausted. Therefore she was unable to return
to work. Wolverine World Wide never informed
Ragsdale that 12 weeks of leave under the
leave plan would count as her FMLA leave, so
she sued. She argued that her 30 weeks of
leave did not count against her. In the case she
sought reinstatement, back pay, and other
relief.
Nevada Department of
Resources vs. Hibbs
 The Court concluded that state
employees could recover money
damages from a state in federal court for
violation of the FMLA (section 102).
 Hibbs was fired from his job with the
Nevada Department of HR’s Welfare
Division because he exhausted his
FMLA leave.
Nevada Department of
Resources vs. Hibbs
 The company failed to tell Hibbs that his
leave went against the available time set
by the FMLA, therefore Hibbs sued for
money damages because he was
without a job.
Who is Eligible?
 First, according to the federal
regulations, the person must have been
employed by the employer for at least 12
months prior to the beginning of the
leave, but the 12 months don’t need to
be consecutive
 FMLA regulations also state that an
employee must have worked at least
1,250 hours during the 12-month period
preceding the leave.
Who is Eligible?
 Any person engaged in commerce or in
any industry or activity affecting
commerce who employs 50 or more
employees, within a 75 mile radius, for
each working day during each of 20 or
more calendar workweeks in the current
or preceding calendar year

Includes any person who acts directly or
indirectly in the interest of an employer to
any of the employees.
Who is Eligible?
 Also applies to public agencies, including
state, local and federal employers, local
education agencies such as schools
Leave Requirements
 It entitles an eligible employee to take up to 12
workweeks of leave during any rolling 12-month
period for a qualifying reason. Qualifying
reasons are:




The birth of a son or daughter of the employee and
in order to care for such son or daughter.
The placement of a son or daughter with the
employee for adoption or foster care
In order to care for the spouse, or a son, daughter,
or parent, of the employee, if such spouse, son,
daughter or parents has a serious health condition
Serious health condition that makes the employee
unable to perform the functions of the position of
such employee.
Types of Leave
 Intermittent Leave




Taking leave in periods or intervals
An employee can not take General leave
intermittently or on a reduced leave schedule
unless the employee and employer agree
otherwise.
Intermittent leave or reduced leave may be taken
when its medically necessary
If an employee takes intermittent or reduced
schedule leave, it will not affect the total number
amount of leave the employee is untitled to.
Types of Leave
 Spouses Employed by same Employer

In any case in which a husband and wife entitled to
leave are employed by the same employers, are
limited to 12 workweeks during any 12 month
period.
 Substitution of Paid Leave

An employer or employee may choose to substitute
any of the accrued paid vacation leave or personal
leave for any part of the 12 week period.
Certifications
 An employer may require that a request
for leave be supported by a certification
issued by the health care provider of the
eligible employee of the son, daughter,
spouse or parent of the employee. The
employee should provide a copy of such
certification to the employer.
Certifications
 An eligible certification should include:



The date on which the serious health
condition occurred
The probable duration of the condition
Medical facts from health care provider
regarding the condition
 http://www.dol.gov/esa/regs/compliance/
whd/fmla/wh380.pdf
Benefits under FMLA
 Any employee shall be entitled, upon their
returns, to be restored to their positions of
employment or to equivalent positions with
equivalent employee benefits, pay, and other
terms and conditions of employment.
 During the leave period, an employers shall
maintain the employee’s coverage in any health
plan at the level and under the same conditions
that would have existed had the employee
continued in employment.
Forms
 Request for Leave Form
 Agreement for Leave Form
 Complaint Form
 Physician Certification
Advice to Companies About
FMLA
 Some companies are starting new programs to
help businesses with FMLA.
 They allow public comments to be sent to the
Department of Labor about the FMLA. They will
use those comments to develop new FMLA
regulations.
 By allowing these comments it will help
companies notify employees of the amount of
leave they have left, so companies don’t have
to spend money in court cases and other legal
issues.