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Fmla pros and cons
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The article begins by describing why FMLA came into play. “The act was conceived and finally passed because of two overreaching concerns that began to impact corporate America directly: the increasing family needs of the American workforce along with the development of high-performance work organizations” (page 43). The author’s point of view is that the thought behind the act is noble, but those who abuse the privilege of having this safety net are ruining it for everyone else. It seems, to the writer, that the issue has to do with employees taking off an excessive amount of time for things that aren’t necessarily covered under the law. FMLA created an opportunity so that parental units didn’t have to choose work over family, or vice versa. …show more content…
The article then goes into minor detail about how FMLA will be denied based on lack of advance notification, or uses fraudulent means to try and obtain a leave of absence. Next we see several examples for the purpose of the laws creation, and what type of situation that it was established for. In this case, the writer gives the details of a baby who needed constant care with oxygen and a heart monitor, and the mother was denied the leave of absence by her employer, someone who was fired because they had an ailing parent that needed their attention, and finally a woman who lost her job because she was absent due to her own chemotherapy treatments to cure her cancer. The article teeters back again to the side of dissent that there are those who believe that government should stay out of business practices. The article then veers back to the topic of FMLA abuse, and blames the employee and their healthcare providers for misinterpreting an …show more content…
I chose it because I wanted to see both sides of the coin. However, I do think that the writer focuses a little too much on the possible abuse of the law, rather than highlight the benefits of it. I do agree that FMLA is an opportunity that is available to the working public if the situation should so arise that someone can legally apply for it. On the other hand, I’ve worked in a human resources office before, and I am fully aware of the bogus claims that can occur. I think the writer could’ve also provided the point of view from someone in big business, as well as someone who owns an up and coming future franchise. I believe that it would’ve been interesting to see an interview with someone on the employee side, and then someone on the employer side. It would have been nice to have gotten the point of view from real people, and not just the case studies that the original law was based upon. I don’t think that FMLA is perfect by any means. I do believe with a little restructuring and fine-tuning the rules and regulations that it will be an incredibly vital tool for those in the
I agree with the ruling because everyone should know that they can report sexual harassment and should report it without fear. The ruling found that employers could be held responsible for the actions of their employees who sexually harassed other employees based on Title VII of the Civil Rights Act of 1964. This case insured that employers will hold training sessions on sexual harassment and not just look the other way or laugh off the actions of a particularly aggressive employee who insists on harassing other employees. The ruling provides remedies if employers do not take it seriously. Unfortunately, it has probably become a “boy who cried wolf” accusation, but probably better to be over cautious than under cautious.
Kornbluh explains that such jobs are scarce. When flex-time or part-time jobs are available, they are typically not viable options for families because they do not provide benefits, the potential for career growth, or adequate wages (Kornbluh 323). As a result of this, parents are forced to work full-time jobs with long hours. These jobs are very demanding and rarely provide paid leave to care for newborn children or family members with failing health. These factors further validate the need for increased flexibility in work
...that was the first thing that caught my interest, later when reading the case and discovering that two lower cases had both ruled against the plaintiff, that is when I decided to go further in the case. I wanted to know why it was that the lower courts had ruled against her anf not for her. The decision the court made was fair, I agree with the court. It was the fairest ruling the court could have made towards Suders considering that in reality she had lost the lower court ruling because of the fact she didn't really have sufficient evidence that indeed her supervisors had been harassing her. Therefore, I think the outcome of this particular case was fair and I would have to agree with the decision the United States Supreme Court made towards Suders.
My Response. I think the court made the right decision by granting the defendants’ motion for summary judgement as to the plaintiff’s sexual harassment claim, since her gender was not a contributing factor in this case. However, regarding the law in this case, I find it strange that just because Lynch treated both men and women equally badly, this would nullify Smith’s claim for hostile work environment sexual harassment, when such harassment clearly took place. Why does the harassment have to be towards one sex only for there to be a valid legal case? Should it not be enough that she was subjected to unwelcome sexual harassment?
In my organization, FMLA entitles an employee up to 12 weeks of leave without pay during any 12-month period. The employee must make a request for family and medical leave under FMLA in writing on an authorized form. The form certifies that the employee understands the reason for the leave. When there is a foreseeable need for unpaid family and medical leave, the employee must give a 30 calendar day notice of intent to take leave. Otherwise, the employee can provide such notice as is practicable. If the need is foreseeable and the employee fails to give 30 calendar days’ notice without a reasonable excuse for the delay of notification, the organization may delay the use of taking family and medical leave until at least 30 days after the date the employee provides...
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
A back up plan such as cross training other employees will be beneficial. When an employee is out for 12 weeks, it can slow down productivity and causes profit losses for the company due to lack of replacement. Here is an example of a negative impact of FMLA. There are 3 nurses in the ER that are pregnant. From day-to-day, there is a shortage of staff that occurs on the unit. The nurses that are pregnant will be on maternity leave at least 2 months apart. The best thing that management and HR should do is to hire at least 3 per-diem nurses to fill in. What you do not want to happen is the rest of the staff to become overwhelm because of staffing issues. A situation as such does not help the morale of the staff, and customer satisfaction will be at a higher
“What is the Purpose of the Family and Medical Leave Act?” LawInfo. n.d. Web. 26 Jul 2011.
A court would likely reason that leave granted to employees under the Garner Medical Leave Act (GMLA) should have been granted to Erin Durham. “Employers covered by this Act are required to grant leave to an eligible employee to care for the employee’s … parent with a serious health condition.” Gar. Stat. tit. 29, § 2612(B) (2014). Garner University is covered by the Garner Medical Leave Act and Durham is an eligible employee, therefore these two stipulation of the Garner Statute are not disputed. Durham will likely be found to have acted in compliance with this Act, because her grandmother stood in loco parentis to her during her minority, her grandmother has a serious health condition, and Durham cared for her grandmother.
This policy allows working couples to choose how they balance their work and parenting commitment to their new baby. The first two weeks are reserved for the mother but the remaining fifty weeks can be shared between both parents (Glegg, Swinson, 2013).This will definitely give chance to fathers to bond with their infants on an equal footing with the mother. Sarkadi, et al (2007) also suggests that policies should be made that fathers of young children may choose to do part time jobs so they can have time with their
The federal policy issue that I choose to research and write about is The Pregnancy Discrimination Act. The Pregnancy Discrimination Act, or PDA for short, is an amendment to Title VII of the Civil Rights Act of 1964. In Title VII of the Civil Rights Act it states that “[…] and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-¬related purposes” (Title VII of the Civil Rights Act of 1964). The PDA was enacted in the year 1978 and it prohibits workplace discrimination on the basis of pregnancy. The Act was developed as a result of the 1976 Supreme Court decision General Elec. Co. v. Gilbert (PDA-Historical Perspective). The employer offered its employees a disability benefit
While the 1993 Family and Medical Leave Act theoretically guarantees all workers up to 12 weeks of unpaid leave to care for a new child or sick family member, it applies only to businesses with more than 50 employees, only covers workers that have been with their employer for at least one year, and doesn’t extend to part-time workers. These exemptions are significant; they ensure that just over half of American workers and less than a fifth of all new mothers are actually covered by FMLA. And they disproportionately affect low-income workers, who are more likely to work for small businesses, change employers frequently, and piece together multiple part-time
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
...t or the mother’s life was physically in danger. Now, some states within the U.S. are trying to do everything in their power to close women’s facilities throughout the country, such as Planned Parenthood and any other women’s choice facilities. If the politicians close centers that provide reproductive health services, it will end establishments that administer birth control, which can lead to a higher risk of unplanned pregnancy amongst women.
“The logic of intensive mothering, particularly as it applies to middle- and upper-middle-class mothers, therefore seems to be the greatest barrier to solving the problems detailed in this book….Nearly all mothers, for instance, feel they ought to be at home with their children, ought to want to be at home with their children, and ought to be their children’s primary parent.” Pg. 201 This quote from Untangling the Mother-Nanny Knot emphasizes on the fact that these working mothers need to let go a of that temperament that they must keep the nanny, their spouse and anyone else away from their child at any cost. Because they are not able to be there for their kids they can rest their mind knowing that the person with their child when they are not present is someone that will love them and care for them no matter what, and all the working mother must do is let go just a