Back in 1993, Bill Clinton enacted a law that required employers to provide unpaid leave for medical and personal issues. These reasons or issues include maternity or paternity leave to care for a newborn, to address critical health concerns facing employees or offering care to a close family member confronted with a serious health problem. The benefits are also applicable in the case of an employee adopting a child, or to care for an injured soldier or military worker. It is also allowed to address the issues raised by the deployment of a family member ( US Department of Labor, 2017).
Employers have raised concerns with the implementation of this law. The law tends to limit the ability of employers to assert their authority on employees. More than often, the law has been misused by employees who call in sick randomly and then use FMLA to counter-disciplinary action. This also arises when an employee is denied FMLA leave by no certification and misunderstanding related to FMLA. Furthermore, employers may also suffer when wrongful dismissal suits are filed. If an employee was not notified that their 12-week entitlement was exhausted, then they cannot be disciplined or terminated (JD, 2016).
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Employers are also uncomfortable with the prospect of retaining and reinstating an employee on indefinite FMLA leave. It becomes complicated to replace such an employee. Employees face investigations by the Department of Labor if they are thought to breach FMLA conditions. This additional move has been seen as government interference in private business. While this law seeks to protect the employee by integrating family values, it comes as an expense to the employer. However, companies can protect themselves by incorporating FMLA rules into the institutions leave policy. Legislation of the law should also be made less ambiguous to avoid labor related conflicts. Though the government may seem to be overstepping its mandate, more streamlined directions will ensure that both the employee and employer are satisfied with the current situation (US Department of Labor, 2017).
References
JD, S. ( 2016). U.S. Department of Labor Issues New Employer's Guide to the FMLA and New FMLA Poster. JD Supra, 2016-5.
US Department of Labor. (2017). The Family and Medical Leave Act: Then, Now and Next. U.s. Department of Labor Blog, 2017-1.
