FMLA And Ethical And Legal Concerns Essay

Length: 2 pages Sources: 2 Subject: Family and Marriage Type: Essay Paper: #2305941 Related Topics: Family Medical Leave Act, Family Issues, Legal Issues, Family And Marriage
Excerpt from Essay :

Family and Medical Leave Act (FMLA) was passed as a reflection of the needs of the modern workplace in which dual career households are often the norm and parents must often balance the demands of work and caring for children and aging parents. The FMLA allows certain classes of employees "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" ("FMLA," 2015). Up to 12 workweeks of leave every 12-month period is covered by the Act for the birth and care of a newborn; the placement of an adoptive child or foster child; caring for a close family member with a serious health condition; the employee's own serious health issue or a family issue which arises "out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty" ("FMLA," 2015). 26 workweeks of leave are allowed for military caregiver leave ("FMLA," 2015).

The Act would seem to embody a number of important principles from a...

...

Both men and women are protected by the Act, thus embodying the principle of gender equity. Parental caregiving is also covered so single individuals can also benefit. There is no distinction made between couples that adopt vs. those that give birth naturally.

However, on a utilitarian basis, some HR professionals have complained that the actual enforcement of the Act has been extremely problematic. For example, in one survey by the Society of Human Resource Managers (SHRM) of 3,300 managers, 39% stated that they had approved FMLA requests that they did not believe to be legitimate (Miller 2007). The problem arises with what is defined as a serious medical condition. Conditions that can be unpredictable or which are difficult to prove medically mean that employees can abuse these provisions (Miller 2007). "Suspicious timing" was one red flag noted by the managers but it is difficult to challenge this under the law; similarly "the validity of the documentation and medical leave certification from health care professionals were questioned. Instances where physicians asked employees how many days they wanted off were cited" (Miller 2007).

However, as well as these practical challenges, there are also a number of ethical concerns regarding FMLA, the…

Sources Used in Documents:

References

FMLA. (2015). DOL. Retrieved from: http://www.dol.gov/whd/fmla/

Miller, S. (2007). Most HR professionals report problems with FMLA. Retrieved from:

http://www.shrm.org/publications/hrnews/pages/cms_020829.aspx


Cite this Document:

"FMLA And Ethical And Legal Concerns" (2015, August 09) Retrieved January 22, 2022, from
https://www.paperdue.com/essay/fmla-and-ethical-and-legal-concerns-2152798

"FMLA And Ethical And Legal Concerns" 09 August 2015. Web.22 January. 2022. <
https://www.paperdue.com/essay/fmla-and-ethical-and-legal-concerns-2152798>

"FMLA And Ethical And Legal Concerns", 09 August 2015, Accessed.22 January. 2022,
https://www.paperdue.com/essay/fmla-and-ethical-and-legal-concerns-2152798

Related Documents
IKEA S Strengths and Weaknesses
Words: 3257 Length: 11 Pages Topic: Business Paper #: 75618589

Executive Summary This report provides information on each of the following areas pertaining to IKEA’s organization, culture, ethical framework, revenue and so on. The following sections provide the relevant data: 1) Organization Background & Benchmarking 2)Organization Background, Ethics/Legal, and Current events 3) Marketing, Financials & Accounting 4) Organization Culture, People, and Diversity 5) Strategy and Planning Analysis—Organization Goals 6) SWOT analysis  7) Recommendations, 21st Century, and Moving Forward A brief summation of the separate sections is as follows: 1)

Opportunity Statement the Major Problem That Exists
Words: 868 Length: 3 Pages Topic: Careers Paper #: 21635787

Opportunity Statement The major problem that exists in this scenario is a difference of opinion regarding the appropriate level of managerial control over employees' hours and work schedules, with Accord feeling that the need to repeatedly take time off in order to care for one's aging parents needs to be more carefully managed and controlled, while Munger (and others) feel that there should be a great deal of flexibility and