Essay about Fmla - What You Need to Know

934 Words Feb 21st, 2016 4 Pages

The Family and Medical Leave Act – What You Need To Know

The Family and Medical Leave Act (FMLA) became public law on February 5, 1993. Its purpose is to grant family and temporary medical leave under certain circumstances that will allow the employee to balance the demands of their job with the needs of their families. Some examples of eligible leave are: for the birth or adoption of a child, to care for an (eligible) family member that has a serious health condition or because the employee themselves have a serious health condition and is unable to work for an extended period of time. Further, the FMLA was enacted in order to minimize employment
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This is leave an employee can take ‘as needed’ and is the most often abused aspect of the FMLA. An example of misuse of the FMLA is Dalpiaz v. Carbon County, Utah. In this case Bridget Dalpiaz, a benefits administrator for her company, was involved in a car accident that caused her to go on leave. Following her leave, Dalpiaz returned to work on a modified schedule working two hours per day, twice a week. Dalpiaz’s employer started getting reports that she was performing activities that were inconsistent with her limitations such as: playing football with her kids and working in her yard. Long story short, Ms. Dalpiaz was confronted, asked for an IME (Independent Medical Exam) which she could not produce, and was fired. (HrMorning, 2014). This may appear to be retaliatory for taking leave but it was not. She was terminated for not being able to produce the IME, not because she had a health condition. This is just one of the many pitfalls of the FMLA. Employers get it wrong too. If the requirements of the FMLA are not followed precisely it could mean trouble. Specific timelines must be followed by employers. Initial forms must be sent within a certain time frame as well as replies to those forms. If not met, an employee could report the employer to the Department of Labor or even file a lawsuit citing discrimination. Employees and employers both have rights and responsibilities when it comes to proper use of the

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