Julie will be adopting a child in December and needs to take 10 weeks off to complete the process and bond with the baby. Julie works full time and has worked for her current employer (which has over 75 employees at its one location) for four years.
Steven is having knee surgery next week and will be off for six weeks. He is full time and has worked for his employer, which has almost 30 employees, for 7 months.
- Provide a brief explanation of the FMLA law and appraise this law.
- Which of these individuals is eligible for Family & Medical Leave Act (FMLA) leave? Provide two (2) supporting facts to justify your position. Share your opinion about why you have made your decision with elaborations and evaluate the issue of fairness.
The Family Medical Leave Act (FMLA) was passed to provide protection for employees. Companies or businesses that have 50 or more employees are required to follow the act, but smaller companies or organizations are not required to follow the requirements of FMLA.
The law is required to be posted in a location where employees can read it. Any government agency or public school is required to follow the law regardless of how many employees are on staff.
An employee becomes eligible under the law once he or she has been employed by a company for 12 months or more and the employee must have worked 1,250 hours.
To be eligible under the FMLA, an employee is required to have a serious health condition or have a family member with a serious health condition, give birth, adopt a child, or have a foster child placed in the home, or other is experiencing other problems or conditions that are serious as defined by law.
The law is important because changes have been made to establish protection for people who are married and adjusted to include when a person has a significant other. Families can risk losing everything they own if a person cannot work because of medical problems. The law protects the person's job and allows a person to time to recover or spend time assisting a new family member adjusting into the family.
In Steven's case, he does not qualify under the law for several reasons. The reasons include, the company only has 30 employees, and Steven has only worked for the company for seven months. The company does not have enough employees to fall under the law.
The size of the company that employs Julie has 75 employees making the company required to follow the law. Susan has worked for the company three years beyond the required 12 months. Because she is taking leave to adopt a child, which is one of the allowances covered under the law, she is eligible for the leave under the Family Medical Leave Act.