FMLA and Ethical and Legal Concerns

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 deontological perspective, namely that employees should not have to choose between having a work and family life. 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 most notable of which is why the concerns of married people with children should be placed ahead of single individuals. Although single people can benefit from certain aspects of the law, employees with families have considerably greater latitude in terms of the reasons they can take leave and having a child is ultimately a choice. Why should, for example, an employee who wishes to take an hour or two off to train for a marathon per week be denied coverage while an employee who takes many weeks off have a baby has access to such leave, forcing childless coworkers to shoulder the additional burdens?