Family Medical Leave Defining Boundaries

Family Medical Leave

Defining Boundaries and Finding Balance Between Society and Family in the Effects of the Family Medical Leave Act

Family

Te Family Medical Leave Act quite obviously affects families, but determining where the rights of individuals in regards to leaving work for their families begin and end is slightly more complex than it might appear on the surface. Enacted in 1993, the Family Medical Leave Act was the first piece of federal legislation to regulate leaves practices, an issue which had formerly been up to state legislative bodies or, more often, employers themselves (Swanke & Zeman 2009). Under the terms of the act, employees are able to take off up to twelve weeks of work without fear of being fired or losing their benefits or position in order to care for a newborn and/or recently adopted child, to care for an immediate family member with an illness, or if they themselves suffer from an illness (Swanke & Zeman 2009; Holmes 2008).

The rights of the family extend pretty far under the terms of the Act. Though the leave is unpaid, employees are able to take the leave either in one single chunk, broken up throughout the years, or by negotiating a reduced daily schedule with their employer (Swanke & Zeman 2009). They can use this time to take care of themselves, if an illness requires frequent visits to doctors or hospitalization, or other frequent interruptions of work, and as long as the employee continues to make their mandatory contributions to the employer's health plan their benefits cannot be altered or lost, and their permanent position or one with similar duties and the same salary and benefits must be made available when the leave is over (Swanke & Zeman 2009). Most leaves taken under the Family Medical Leave Act are for the care of others, however.

A growing number of the workforce is responsible for providing primary care to an elderly family member; it is estimated that by next year approximately half of all employees in the United States will have an aging parent or spouse dependent on them for care (Brown 2005). The Family Medical Leave Act provides a way for these individuals to provide the care their loved ones need without using up all of their own sick time and vacation leave and suffering the psychological and physiological consequences of this (Brown 2005; Sawnke & Zeman 2009). It also guarantees that both fathers and mothers will be able to spend time with new additions to their family without needing to fear losing their jobs o a loss of medical and other benefits (Swanke & Zeman 2009). These are the basic protections offered to families under the FMLA.

Society

Though the proponents of the Family Medical Leave Act argue that both the pragmatic and the more esoteric benefits of the Act far outweigh the costs, it must be acknowledged that there is a loss of productivity that arises from leaves taken under the Act, and for this reason there are certain constraints and requirements incumbent upon employees to ensure that society is not harmed overall by abuse and/or overuse of the Act (Holmes 2008). The already-begun and ongoing retirement of the so-called "Baby Boomer" generation already has many employers worried concerning the size and effectiveness of the workforce, and appropriate use of the Family Medical Leave Act is essential to ensure that the United States still has a large and energetic pool of workers available for employers (Brown 2005; Holmes 2008).

The most obvious constraints on employees seeking leave under the Family Medical Leave Act are the qualifications for taking a leave under the Act. The birth or adoption of a child is a rather straightforward scenario, and bears little comment here. Defining the seriousness of a medical condition, either in the employee or in the employee's immediate family member, is a more complex and ambiguous task, however. Only "a serious health condition that males the employee unable to perform the functions of the position of such an employee" makes someone eligible for leave under the Family Medical Leave Act, and a "serious medical condition" is one that requires in-patient or ongoing medical care (Holmes 2008). If the leave is taken in order to care for an immediate family member, there must not only be evidence of a serious medical condition but also of the need for the employee to provide care. If the family member is able to get themselves to and from their doctor appointments, for example, then leave for a caregiver might not be warranted (Homes 2008; Sawnke & Zeman 2009).