Family and Medical Leave Act (FMLA) was enacted by congress on February 5, 1993. The Act ensures that employers that have 50 or more employees that they are provided protected unpaid leave. Employees are protected for unpaid leave for a 12 week period. The Act not only protects the employee but protects the employee’s family member in the event an illness occurs. This allows the employee to take time off of work to provide the necessary care that is needed for themselves or family member. The Act requires “employers with 50 or more employees to provide unpaid leave for the birth, adoption or foster care of an employee’s child, as well as for the serious health condition of a spouse, son, daughter or parent, or the employee’s own condition”
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There are reports of abuse which can make it difficult for companies to adequately provide the functions to their customers. There are time and money invested in the employee. “ Nearly 70 percent of employers surveyed said that they were concerned with employees abusing the FMLA and similar laws, and intermittent leave and controlling employee leave abuse were identified in a 2013 survey sponsored by the Disability Management Employer Coalition and Spring Consulting Group as the top two leave-related challenges for employers” (Smith, 2014). FMLA request is a collaborative effort with the employer and employee to ensure that the FMLA is not abused. As an employer, they have the right to know if an employee cannot work, or cannot work for a period of time. There is significant documentation that needs to take place. A primary care physician also plays a key role in the FMLA case. An employee requesting FMLA must bring paperwork to their primary care doctor to have filled out for their ailment. The physician must be specific and the need for a leave of absence with duration of time that is needed. The certification must be filled out by the physician and returned within 15 days of the request. “the employer gives the Form WH-381 to the employee when the employer gives the employee the Form WH-380-E Certification of Health Care Provider described below. The employer needs to give the employee at least 15 days to return the …show more content…
An employee needs to provide the employer with a fitness for duty certification. This protects not only the employee but the employer as well. “If an employee takes leave for his or her own serious health condition, you may require the employee to provide a fitness-for-duty certification: a signed statement from a health care provider indicating that the employee is able to return to work. However, your company may require the employee to provide this certification only if it has a consistently applied practice or policy of requiring employers to provide such a statement” (Nolo, 2015). The employer has the right to know if the employee is fit for duty and to perform the same job functions as before they had left. Employers need to know if any restrictions are present by the health care provider. This allows employers to ensure that the restrictions are met. If an employee is able to return back to work and perform most of their job functions, but limited with time or any ergonomics restraints, this protects all who are involved. However, this still requires management between the employer and employee to have knowledge that this is a temporary restriction and will at some point be put back to full
There are reports of abuse which can make it difficult for companies to adequately provide the functions to their customers. There are time and money invested in the employee. “ Nearly 70 percent of employers surveyed said that they were concerned with employees abusing the FMLA and similar laws, and intermittent leave and controlling employee leave abuse were identified in a 2013 survey sponsored by the Disability Management Employer Coalition and Spring Consulting Group as the top two leave-related challenges for employers” (Smith, 2014). FMLA request is a collaborative effort with the employer and employee to ensure that the FMLA is not abused. As an employer, they have the right to know if an employee cannot work, or cannot work for a period of time. There is significant documentation that needs to take place. A primary care physician also plays a key role in the FMLA case. An employee requesting FMLA must bring paperwork to their primary care doctor to have filled out for their ailment. The physician must be specific and the need for a leave of absence with duration of time that is needed. The certification must be filled out by the physician and returned within 15 days of the request. “the employer gives the Form WH-381 to the employee when the employer gives the employee the Form WH-380-E Certification of Health Care Provider described below. The employer needs to give the employee at least 15 days to return the …show more content…
An employee needs to provide the employer with a fitness for duty certification. This protects not only the employee but the employer as well. “If an employee takes leave for his or her own serious health condition, you may require the employee to provide a fitness-for-duty certification: a signed statement from a health care provider indicating that the employee is able to return to work. However, your company may require the employee to provide this certification only if it has a consistently applied practice or policy of requiring employers to provide such a statement” (Nolo, 2015). The employer has the right to know if the employee is fit for duty and to perform the same job functions as before they had left. Employers need to know if any restrictions are present by the health care provider. This allows employers to ensure that the restrictions are met. If an employee is able to return back to work and perform most of their job functions, but limited with time or any ergonomics restraints, this protects all who are involved. However, this still requires management between the employer and employee to have knowledge that this is a temporary restriction and will at some point be put back to full