Free Research Paper About Family Medical Leave Act

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The Family Medical Leave Act (FMLA) was signed by President Clinton in 1993. This act enabled working individuals to take time away from work without the fear of losing their jobs. The FMLA program is monitored by the United States Department of Labor's Employment Standards Administration, Wage and Hour Division. The Society for Human Resource Management (SHRM) 2015, noted that FMLA is available for all private, state and local government employees and some federal employees (SHRM, 2015).
FMLA entitles an employee to take a maximum leave of 12 work weeks. Any extended leave would be subject to approval by the employee’s supervisor. In the Fort Bend District (FBISD), FMLA is for employees who have been with the district for twelve months and has worked at least 1250 hours in the 12 months preceding the leave. According to Society for Human Resource Management, (2015), FMLA can be taken for a variety of reasons, including for the birth and care of a newborn child of the employee, to bond with an adopted child, to care for a spouse, son, daughter, 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 (SHRM, 2015).
According to the Fort Bend District’s FMLA Rights and Responsibilities flyer, an employee does not have to use FMLA on a consecutive basis. The leave can be used on an intermittent schedule or as medically necessary (FBISD, 2015). This is a great benefit to the employee because they can use FMLA as needed; as long as they are within the timeframe of their covered dates.
The Fort Bend district requires the employee to file for leave if they have been absent for five or more consecutive work days. This ensures that the employee’s job is protected and that they are not listed in job abandonment or absent without official leave (AWOL) status. For leaves to be granted and to start the leave process for FMLA there are a series of steps that must be taken. The employee must complete a district application and obtain leave forms from their supervisor. After the employee receives the forms, the employee completes an Employee Request for Leave Application and gives it to the supervisor for signature. The supervisor then completes a form called the DEC-E-2 which places the employee on leave. The Leave Application and the DEC-E-2 form are submitted to the Leave Office. After the supervisor completes the forms, the employee will then need to have their physician complete the medical certification portion. These forms will be also need to be turned in to the Leaves Office after obtaining the physician’s signature. It is the duty of the employer to inform the employee of his or her eligibility under FMLA. SHRM 2015, states that the employer must also notify the employee that the leave has been designated as FMLA, (SHRM, 2015). It is important for the employer to comply with these notifications to the employee, or the employer could be subject to fines and penalties under FMLA.
The medical certification form that the employee needs before the leave is granted is the Employee’s Serious Health Condition (Form WH-380-E); this form is for the medical condition of the employee. There are different forms if the employee is requesting FMLA to care for a family member. The Employee’s Serious Health Condition Form is completed by the employer, the employee and the physician. The employer completes Section I of the form which lists the employee’s name, title and regular work shift. Section II provides instructions to the employee regarding FMLA and identifies additional documents needed for approval. The employee then signs the form and it is then submitted to the physician for completion. The physician completes such information as the type of medical condition of the employee, duration of the condition, treatment and possible return to work date. The form is signed by the physician and sent to the Leave Office.
FBISD does not offer paid leave to its employees. According to the Fort Bend district website (2015), “An employee is paid for any accrued state and local days” (FBISD, 2015). This means that the employee will have to use their sick leave accruals if they wish to receive compensation during their leave. If the employee runs out of sick leave, they will be placed on an unpaid leave status. FMLA is not contingent on whether the employee has enough leave balances. If the qualifying and supporting criteria are present, then the employee would be eligible for FMLA, if they had sick leave or not. The Society for Human Resource Management 2015, states that leaves for birth, or placement for adoption or foster care must conclude within 12 months of the birth or placement, (SHRM, 2015). This means that the date of the total leave cannot exceed 12 months from the start of when the leave began.
While the employee is out on leave, the employer must continue to maintain the employee’s health care benefits. If the employee decides not to return to work after their FMLA has expired however, the employee would be responsible to pay back the health care premiums to their employer.

Taking leave under FMLA is meant to be a seamless process from start to finish.

When an employee is ready to return to work the Fort Bend District, (2015) suggests the employee to notify their supervisor of their return to work date (FBISD, 2015). The employee will need a medical release statement from their physician. The supervisor will complete the necessary paperwork and submit it to the leave office. The employer must make every effort to return the employee to their original job and department. If those accommodations are not possible, the employee must be returned to an equivalent job duty with the same pay and benefits. An employee cannot be discriminated against or demoted due to taking FMLA. They must be treated fairly and the same as any other employee within the organization.

References

Employee Leave Request Instructions. (2015, January 1). Retrieved March 12, 2015, from
http://www.fortbendisd.com/Page/946
Family and Medical Leave Act (FMLA) (includes qualifying exigency and military caregiver
leave), (2015, January 1). Retrieved March 12, 2015, from
http://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/p
ages/familyandmedicalleaveactof1993.aspx