From: Jessica Tysse
Date: March 30, 2016
Subject: Proposal for fixing issues with the Family Medical Leave Act
Introduction
The Family Medical Leave Act was adopted in 1993 and is also known as the FMLA. The United States Department of Labor defines the Family Medical Leave Act (n.d) as “FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.”
A employee may qualify to have twelve workweeks of unpaid leave if the employee qualifies under any of the given exceptions: if an employee has given birth , …show more content…
FMLA is not really written to benefit the employee or the employer. The laws are not enough alone for an employer to grant a leave based on FMLA. Each individual employer has to analyze everything on a case by case basis and leaves a lot of wiggle room. Each employer should have a clear policy on what is covered by FMLA or even better the law should clarify what is covered under FMLA. Based on the fact that the FMLA has been an act since 1993 I do not believe they will ever be clarifying what exactly is covered under FMLA. Since the policy makers refuse to clarify what is under FMLA each and every employer needs to list what is …show more content…
I believe that I have the qualifications to obtain what is legal under FMLA and what is illegal under FMLA. There is a ton of information out there for people to research. Each employer should have a clearly written policy on FMLA and it needs to be accurate and legal. I have been writing legal papers and research the legality of issues for a number of years. There is case law surrounding FMLA as well which my legal background will help me see what courts have ruled as legal and illegal.
Limitations
Even though I have a legal background does not mean that the rest of my team will have a legal background. It may be difficult for them to understand the legality of FMLA and to understand what the courts have ruled in the past. FMLA is also a very narrow topic and there are only so many topics to research. It appears that FMLA has been an issue for over 20 years and it restricts employers and employees. The policies of the FMLA are sometimes vague and that is why it is an issue and why it could be a limitation while researching.