Question

For this assignment, you will take on the role of a Human Resource Manager for a mid-size company. Thad, an employee, has come to you to inquire about FMLA. He is requesting for a leave of absence under FMLA to care for his adult child who is seeking treatment for drug and alcohol addiction. Thad is unsure how often he will need time off, but does tell you initially that he will need one to two days a week for six weeks. Thad has worked at the company for four years consecutively as a full-time employee. Based on the above scenario,

• Explain the purpose of FMLA.
• Examine the eligibility requirements of FMLA.
• Compare and contrast both the employee’s and employer’s rights and responsibilities under FMLA.
• Analyze whether or not FMLA applies to Thad’s situation, providing a rationale for your decision.
• Draft an excerpt for your company’s HR policy and manual concerning FMLA as the current policy does not address it.

The Rights and Responsibilities Under FMLA Paper

• Must be four to five double-spaced pages in length

Answer 1

Family and Medical leave is leave provided by the company to have a work life balance for the employees of the organization .It is done to have a proper work and family responsibility balance and also the company will try to provide unpaid leaves to the employees for a certain period of time.This is also divided to many aspects such as the both the parents are working and they are given choices between work and house i e the company will try to provide leaves to the parents who want to give care and security to family,children and also extended family.This Family and Medical Leave Act 1993 was signed by Bill Clinton on 5th Aug,1993.

Purpose of FLMA:

• To have a work and life balance for the employees of the organization
• This Act is trying to bring an equality among the women and men employees,because always the women employees are persons who are struggling with the care taking of family and children.So this Act tries to promote equal leave opportunity to both the parents
• It is entitled right of the employees to take reasonable number of days of leave for giving safety and caring to the family members of children.
• It is trying to reduce employment discrimination among the employees because leaves are only provided when there is medical issue.By the Signing of this Act the employees will be entitled to have reasonable leaves rather than medical leaves

Eligibility requirements of FMLA Act 1993:

1. The employee will be Job protected, i e the employees will be given the same position the employee was handling at the time of leave.If vacancy not available,the employee should be given same role or responsibility.
2. In the private sector,the employee will be eligible for FMLA if the employees in the private sector are 50 in number and in public sector,employee can be eligible regardless any number of employees.
3. the employees are eligible if they have under the employer for 12 month in a year or minimum of 1250 hours
4. If he/she is working within 75 miles from the work site
5. the employee is given 12 workweeks of leave in 12 month period if it is childbirth or taking caring of baby within one year or they are adopting or foster caring the adopted kid.This leave is applicable if the spouse,children are having some serious health conditions
6. the employee is given 26 workweeks of leave in 12 month period if the the spouse,children or parents are having some serious emergency or illness.

Rights and Responsibilities of Employer and Employees under FMLA 1993:

• The employee should provide a notice period i e the employee of the organisation should provide 30 days notice before the FMLA which is foreseeable .If the employees knows about the medical emergency,he/she can provide a prior notice
• If the leaves are unforeseeable then the employee must try to provide the notice as critical within time bound.If the employee delays the notice time,it will be difficult for the employer to provide the leaves
• It is the responsibility of the employees to provide time duration and specific details of FMLA to the employer
• The employee should also provide the certification of the notice to the employer regarding the certified leave
• The employee should also tell the employer the sufficient details regarding the reasons for the leave to be taken
• The employee can also substitute their paid leaves with the unpaid leaves with reference to the employer leave policies.

Employer Responsibilities and rights:

The main responsibility of the employer is to provide the employees all the details required for the FMLA leave application.He/she should tell the employees the notice period and the reasons to be raised in the notice.But if the FLMA leave are not sanctioned then the employer should also tell the employee regarding the rejections and reasons.

Thad situation is also applicable for the FMLA Act 1993 because here his child needs utmost care and security.So in this case the employer have the right to provide leaves.If the spouse,parents or chidren are not well or having any illness,the company can provide 26 workweek leaves to the employees.And also he is a full time employee for 4 years under this organisation.

HR policies required regarding FMLA Act:

1. If the company is private or public.If it is private,then they should have 50 members in the organisation and if it is public organisation,the size does not matter, also the employee should cover 12 months under the employer an
2. There should be a proper procedure for FMLA application,the employee should try to give a notice period pf 30 days.
3. The employee should be leaving living under 75 miles.
4. If the employer is rejecting the FMLA leave then the employer should give the explanation in writing with proper reasons
5. The employee can take leaves if it is a emergency for spouse,children, or parents.