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HR employee benefits under FMLA: Evaluate two articles

Employee Benefits (Retirement, Health, Family Medical Leave Act)

Read Norman Tolle's article, "Employer did not interfere with employee's FMLA leave when it had 'honest suspicion' that she was not using leave for its 'intended purpose'." Also read, "Noble headache," by Diane Cadrain from HR Magazine, July 2008.

Please integrate background readings and library research into your analysis of this situation in responding to the questions below:

For your case assignment, answer the following:

1) What is the FMLA law? What are the amendments to the FMLA to date?

2) What does the FMLA allow of employers? What does it require of employees? What is the root of the problem in this Raybestos Products case, which resulted in this employee fraudulently using FMLA?

3) How could employers better protect themselves from fraudulent use of FMLA without negatively affecting the employees who truly need it?

4) What challenges are there for private-sector organizations in managing employee benefits in light of the many laws that relate to employee benefits? What are some laws/policies that might overlap or conflict with the FMLA? Please provide a specific discussion.

Solution Preview

Answers to questions are in the attached document.

FMLA, Employee Benefits and ADA
FMLA, or Family and Medical Leave Act (1993), is legislation designed to protect
workers' jobs If they need to take a leave of absence for health reasons, for birth of an infant,
adoption, care of an ill family member, for up to 12 weeks in any 12 month period. Employees
must have worked for 12 months and at least 1,250 hours, to be eligible for leave. The main
feature of the legislation is that the employer must keep the employee's job for him or her, or an
equivalent position (US Dept. of Labor, 2010). Amendments to FMLA include NDAA (National
Defense Authorization Act (2010), which requires family members of those on active military
duty be granted leave of up to 12 weeks and provides 26 weeks of leave for injured active duty
service members.
FMLA allows employers to request certification from a health care provider, for those
taking FMLA due to health conditions. It also allows employers to require employees to take
any paid leave accrued, before FMLA is taken. Employers are also allowed to hire an
investigator, if there is suspicion than an employee has falsely claimed the need for FMLA.
FMLA requires ...

Solution Summary

Human resource employee benefits under FMLA are examined.