FMLA ADA Affirmative Action
FMLA/ADA/Affirmative Action Paper Abstract This paper will discuss the meaning of the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and affirmative action. The paper will point out the key elements are of affirmative action, employer responsibilities are in managing the FMLA, and the implications of ADA on employers and employees, both. FMLA In early 1993, President Clinton signed the Family and Medical Leave Act (FMLA), culminating a nearly decade-long struggle to enact legislation that would allow people to take time off from work to care for their families or themselves. ... What the FMLA allows employees and employers to do The Family & Medical Leave Act (FMLA) allows ”eligible” employees to take off up to 12 work weeks in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee themselves has serious health condition. ... FMLA can be taken on an intermittent basis allowing the employee to work on a less than full-time schedule. ... The employer can delay the start of FMLA for 30 days if the employee does not provide advance notice, and/or until the employee can provide certification from a medical provider. FMLA applies to a company if it employs over 50 employees within 75 miles of the worksite, and at least 50 of the employees work 20 or more work weeks in the current or preceding calendar year. The employer is not allowed to terminate FMLA if the employer falls below 50 employees for those employees currently on leave. ... The employer can ask the employee to provide a medical certification from a health care provider that substantiates the need to use FMLA. The employee can ask to use FMLA to care for a family member, for their own physical/mental health care, and/or after the birth or adoption of a child. ... If an employee informs the employer that they do not intend to return to work, the employer may terminate the employment relationship and thus end the employees FMLA. If an employee fraudulently obtains FMLA, he or she is not longer protected by FMLA in terms of job restoration and benefit maintenance. Regular illnesses do not qualify for FMLA; such as, common cold, flu, ear aches, upset stomach, headaches, and routine dental care. ... To be eligible for FMLA an employee must have a condition that makes him or her unable to perform their essential job function.