Family Medical Leave Act

The Human Resource field has always been challenging; however, with the extreme changes in the economy recently, it has become overwhelming. There have been many jobs lost that have resulted in fear for most everyone else. Unfortunately, it has also caused many companies to be less likely to hold a person's job when they are out of work for medical reasons.

Under The Family and Medical Leave Act of 1993 (FMLA), the federal law provides up to 12 weeks of job and benefit protection for many employees across America. If the employee has worked for the company for the previous 12 months, has worked at least 1,250 hours in the previous 12 months and the company he or she works for employees at least 50 employees within 75 miles, the employee is eligible for FMLA (Department of Labor, 2008)

There are many employees that are unaware of the protection available to them and just as many, if not more, that ensure they take every second of the available time each year. I answer at least 20 calls per day requesting medical leaves. Honestly, I feel that some doctors just fill out the forms to make their patient happy whether they need time off work or not. The most discerning are those employees that truly need the leave for more than the 12 weeks and there is no protection left. Oftentimes, these are employees that have worked for the company for twenty or more years and are receiving radiation or chemo treatments. Sadly, I have no choice but to deny their claim. Now they are not only ill, but at risk of losing their jobs. From a business standpoint, the company has no choice. Even if times were not tough, life must go on and if the federal government does not require it, it is not illegal.

I do appreciate that our government has offered job and benefit protection and that new laws have ensured that those in the military and their families will have more protection as well; however, I believe that we could do better. Perhaps an employee could earn more leave time after every 5 years of employment. As it stands now, whether a person has been employed for 2 years or 20 years, if they have to be out of work for more than 12 weeks in a year, they are both at risk of losing their jobs. Personally, I believe that if an employee devotes 20 years of his or her life to a company, they should receive more compassion than a newbie.

References

U.S. Department of Labor: Employment Standards Administration,

http://www.dol.gov/esa/whd/regs/statutes/fmla.htm