The Impact of FMLA
(Family and Medical Leave Act) on Human Resources
Final Research Project
GB520 – 06
According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12-month period. Congress passed this law in 1993 under President Bill Clinton, and it “is designed to help employees balance their work and family responsibilities by
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If the employee does not provide sufficient information, it is the employer’s duty to seek out the additional information in order to avoid any potential FMLA claims, which can cause major financial problems for an organization. According to the Christie, Pabarue, Mortensen, and Young law firm, the best ways for organizations to protect themselves is to make sure that they have all FMLA notices posted, include FMLA policies and procedures in employee handbooks, create a specific FMLA notification sheet, have employees verify receipt of all FMLA notices, and designate FMLA leave. Once all of the logistics of if the FMLA request is legitimate and if proper notification was given has been complete, then comes the hurdle of how to deal with the workload of the employee on leave. In most cases, the workload is temporarily assigned to other employees. In certain instances of longer leaves, employers may seek to hire temporary employees. For each organization, there are pros and cons to the temporary employee and determining whether or not to go that route depends on each individual circumstance.
Managing FMLA Since being signed into effect in 1993, the Family and Medical Leave Act has gone through some provisions and there may also be differences at state and local levels.