The Ethical Issues Of Family Medical Leave Act

The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats, Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5, 1993. The Act required employers with fifty or more employees within a seventy-five mile radius to offer eligible employees up to twelve weeks of unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave, maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA leave; and protection for employees who request or take FMLA leave. (1) The law also requires employers to keep certain records. It was estimated that the Act would affect five percent of America's employers and forty percent of all employees. This paper will show the ethical standpoint on how employers handle FMLA. In addition, this paper will show the progress FMLA has made in five years, becoming more ethically correct.

Many employers have been baffled as they attempt to sort through the overlapping obligations created when a sick or injured worker's medical condition triggers the different rights and responsibilities under new federal laws. If businesses want to avoid costly lawsuits from disgruntled employees it is essential to understand their responsibilities under the laws. Employers must make a two-part analysis to determine which laws apply to the situation. Just because an employee qualifies under one law does not mean the employee will automatically qualify under another. To reduce problems, employers should give injured workers notice of their rights under the FMLA if the injury appears to qualify under both statutes. The protected leave provided by the FMLA may run concurrently while an injured worker receives worker's compensation benefits, but only if the employer gives proper notification to an employee before the individual returns to work. Otherwise, the employee retains all FMLA rights for any future problems or a recurrence

of the original injury. This can be a problem when the employee takes FMLA leave "intermittently," to receive rehabilitative services or other treatments. It is essential that front line supervisors be made aware of the basic provisions of these laws to head off misunderstandings. Supervisor training is especially important since and employee is not required to make a specific request for FMLA leave in order to be protected. A uniform policy and supervisory training should help prepare an employer to handle these complex issues. The employer's ethical responsibility is to post notices of employee rights and responsibilities under the FMLA. Also include an FMLA policy in existing employee handbooks or otherwise distribute such a policy, and must notify employees of their rights and responsibilities under the Act when a request for FMLA leave has been made. Those in favor of a national standard for family leave have argued for years that employers who have adopted Family and Medical leave policies have already experienced cost saving through reduced employee turn over and decreased hiring and training expenses. Such policies are viewed as a way to protect a company's investment of time and money in its most valuable commodity: its workers. Supporters have also argued the Act will be cost effective from a public policy standpoint and the benefits outweigh the problems because society as a whole often pays the price for failed, fragmented family units. On the other hand, many smaller employers see the new law as just the latest in a series of expensive, bureaucratic nightmares that will disrupt the work place and result in lost productivity.

Which of these arguments proves valid on a national basis remains to be seen. The only thing that can be said with certainty at this time is that millions of American employers and employees are hopeful the Act can be implemented in a manner that maximizes benefits and minimizes burdens on both employers and employees. August 5, 1998 marked the fifth anniversary of the federal Family Medical Leave Act. The FMLA has helped millions of working women and mend spend time with new children and cope with a family crisis without fear of losing their jobs or their health insurance. On the fifth anniversary, Rep. Ellen Tauscher hailed the FMLA as a breakthrough piece of legislation for working families throughout California and all across America. This landmark legislation was the first bill that President Clinton signed into law after assuming the Presidency in 1993. Rep Tauscher's issued a statement: " As we know two of the greatest American values are those of work and family and the Family and Medical Leave Act has allowed millions of working families to maintain their family commitments while at the same time remaining loyal employees. The FMLA marks a great milestone for working families and is truly one of the greatest legislative initiatives of the entire decade. No longer do people have to worry about losing their job when they have a sick child or elderly parent. Since the inception of the FMLA, fifteen million families have taken advantage of the initiative. In five short years, the FMLA has become a necessity for millions of working families who are trying to balance the responsibilities of work and home. Clearly, the FMLA have been a tremendous success."(2) As a result of President Clinton's Medical Leave Act more than twelve million eligible workers have taken leave since its enactment and more than eighty-five percent of companies covered by the Act found that is neither adds to their costs or takes away from their profits. (3) The Women's Legal Defense Fund estimates that twelve to sixteen millions workers have taken some family or medical leave allowed by the FMLA. (4) Given leave rights available under companies' existing sick leave policies, however, it is difficult to estimate with precision how many workers