Explore BrainMass

Difference Between FMLA Interference and FMLA Retaliation

Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the statute, can the employer nevertheless decide to provide FMLA protection to its workforce? Why, or why not. Explain in full.

Solution Preview

Employment Law

The Family and Medical Leave Act of 1993 (FMLA) was created to provide 12 weeks of unpaid leave to public and private employees per calendar year for family related matters (Tracey, 1994). Such as, medical emergencies and issues regarding the employee or a close family member, childbirth, and child adoption. FMLA is applicable to employers with 50 or more employees, and employees are allowed to retain health benefits and must be reinstated to an equivalent or the same job upon returning to work (Tracey, 1994). Covered employees consist of workers employed by a covered employer, have worked at least 12 months and have 1250 hours minimum with the same employer, and the employer has 50 workers within 75 miles (Tracey, 1994).

FMLA is only a guideline and many employers offer more than 12 weeks of unpaid leave even when there are less than 50 employees within a 75 mile area (Cascio & Aguinis, 2005). For example, employers routinely allow the use of sick time and vacation ...

Solution Summary

This response provides the required information for the FMLA employment law question. In addition, this response contains in text citations and references.