Legal Aspects Of Human Resource Management – Essay Example
Legal Aspects of Human Resource Management The Family and Medical Leave Act (FMLA) There are a number of laws that provide various protections for employees with health-related issues depending on the size of their employer and the nature of the situation at issue.
The Family and Medical Leave Act ("FMLA") requires covered employers (usually 50 or more employees) to provide eligible employees a leave of absence of up to twelve (12) weeks in any twelve (12)-month period for 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
In many circumstances, leave may be taken in small amounts and on an as-needed basis, provided the employee provides as much notice as possible and the need for leave is properly certified.
The Department of Labor enforces the FMLA. The FMLA went into effect on August 5, 1993 and the FMLA final rule became effective on April 6, 1995.
The FMLA in reference to my state South Carolina:
During FMLA leave, an employer must maintain the employees existing level of coverage under a group
health plan. At the end of FMLA leave, an employer must take an employee back into the same or an equivalent job.
The FMLA also protects Employee’s right to take leave, which cannot be interfered or retaliated by employers. To be eligible for leave, one must be employed for one year at least and must have worked 1250 hours prior to leave. Further, the employer must have 50 or more employees on their payroll within 75 miles of the site of employment. This also includes remote employees reporting to the site, or even the remote employees reporting to a far-away site.
Under the FMLA, an "eligible" employee may take leave intermittently or on a part-time basis for his or her own "serious health condition" when medical necessary for treatment or recovery, until s/he has used up the equivalent of 12 workweeks in a 12-month period. When such leave is foreseeable based on planned medical treatment, an employer may require the employee to temporarily transfer (for the duration of the leave) to an available alternative position for which the employee is qualified, which better suits his/her reduced hours.
An eligible employee, under the FMLA, may also take leave intermittently if he or she thinks so necessary. She can also take leave on part-time basis for his or her serious health condition when it is medically necessary until he or she has exhausted the equivalent of 12 workweeks in a 12-month period.
In the event of planned medical treatment, an employee may be transferred to an alternative position for their reduced working hours for which he or she is fit to discharge necessary duties.
United States Department of Labor, Wage and Hour Division (WHD), Family and Medical Leave Act. (n.d.). Retrieved October 22, 2010, from http://www.dol.gov/whd/fmla/index.htm