Compensation and benefits in organizational management

Compensation and Benefits: The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA)

The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times to expand its provisions and coverage. In 2008 and 2010, for instance, the law was amended to increase the provisions for employees with family members serving in the military and in the airline industry.

The Reasons for; and Role of the FMLA

The law was enacted with the aim of giving employees ample time with their families, when faced with family commitments likely to affect their productivity at work - and more so, ensuring that the benefits and positions of such employees are sustained during the period (AFSCME, 2013).

The FMLA has played a key role in maintaining favorable employer-worker relations. The law clearly stipulates, among other things, the eligibility criteria. This has ensured that employers can easily determine the employees who are eligible for coverage by the same. Coupled with the clear-cut guidelines on the specific medical and family reasons covered under the act, this prevents unfair treatment of employees and reduces the likelihood of non-contingent leader behavior. The Act protects both employers and employees, as it ensures compliance and provides for legal action against violators. In this regard, organizations have to take into consideration the provisions of the FMLA when designing their leave policies. The FMLA has, therefore, more or less provided a guideline for the designing and implementation of organizational policies and significantly reduced unfair leave grants and denials.

The Future for the FMLA

If the number of amendments that have already been made is anything to go by, then it is likely that the FMLA could, in the near future, undergo quite a number of additional amendments. There has been an increasing need to protect more employees whose family members take part in essential activities such as military missions. Most amendments have sought to protect the well-being of "those families who have given so much of themselves to protect us" (United States Department of Labor, 2013). The Final Rule is evidence to this fact. This drive could, in my opinion, see more amendments to the Act in the near future. Moreover, some ongoing controversial debates are likely to affect the FMLA. One significant example is the Family and Medical Leave Inclusion Act (HR 1751), which requires that the law be amended to provide for, among other things, leave, in order for an employee to take care of a spouse of the same sex (American Society of Employers, 2012).

The Effect of the FMLA

Employers and employees alike have been, in one way or another, affected by the enactment of the FMLA.

Employees

Employees have benefited a great deal from the FMLA since it became effective. First, the law "gives employees the right to use accrued paid leave during FMLA" absences (AFSCME, 2013). Eligible employees can essentially count those days that they were absent, but still received their pay, as the FMLA leave period. This way, such employees are able to prevent disciplinary measures against them (AFSCME, 2013). Additionally, the Act provides for strict legal action against employers who fail to comply with its provisions. Employees who feel that their leave rights have been violated can file complaints, or legal suits against their employers (AFSCME, 2013). This goes a long way to protect the rights of employees, and ensures their fair treatment.

The third benefit of the FMLA to employees is that; it provides the basis for negotiation of leave terms. Employees are in a better position to negotiate for improvements of their leave contracts. The FMLA provides a floor, rather than a ceiling, for employee benefits. Therefore, it leaves room for bargaining and improvement of the existing terms. In this regard, employees can negotiate with their employers for better leave benefits. These could include "broadening the 'family member' definition provided for in the Act, making the leave a paid, rather than unpaid, etc." (AFSCME, 2013).

Employers