FMLA and Workers Compensation

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Interesting assignment! If this is a research paper, one approach to do this type of paper is to use the questions as a tentative outline for your paper. Like other academic papers, it will include an Introduction (e.g. introduce topic, include thesis or purpose statement), Body (questions) and a Conclusion (restate thesis or purpose statement; sum up main points).

Let's look closer at information from various sources for each question. I also attached an additional resource that expands on FMLA (1993) because if this is a paper, you might need additional information to meet the length requirements.

RESPONSE:

1. Explain the application and implication of the following laws for your employer. Be sure to analyze (but is not limited to) the following employee safety, health, and welfare laws:

A. Family and Medical Leave Act (FMLA)

FMLA is administered by the Wage and Hour Division. The law requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent (http://www.dol.gov/opa/aboutdol/lawsprog.htm). Generally, the FMLA (1993) is to grant family and temporary medical leave under certain circumstances (http://www.dol.gov/esa/regs/statutes/whd/fmla.htm).

Also see attached information sheet on FMLA (1993).

a. What are employers' responsibilities under the law?

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

· For the birth and care of the newborn child of the employee;
· For placement with the employee of a son or daughter for adoption or foster care;
· To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
· To take medical leave when the employee is unable to work because of a serious health condition (see http://www.dol.gov/esa/whd/fmla/).

Employers may select one of four options for determining the 12-month period:
· The calendar year;
· Any fixed 12-month "leave year" such as a fiscal year, a year required by state law, or a year starting on the employee's "anniversary" date;
· The 12-month period measured forward from the date any employee's first FMLA leave begins; or
· A "rolling" 12-month period measured backward from the date an employee uses FMLA leave (see http://www.dol.gov/elaws/esa/fmla/faq.asp).

Also see attached resource (page 4).

b. What protections does the law provide for employees?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement. This also includes placement with the employee of a son or daughter for adoption or foster care, to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted (see http://www.dol.gov/esa/whd/fmla/).

Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment (http://www.dol.gov/esa/whd/fmla/).

Generally, employees will not lose their job if she or he takes FMLA leave. For example, it is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this ...