english assignment

Professor Murray Jackson

06/05/2018

The problems and possible solutions associated with ‘The Family Medical Leave Act, [FMLA]

In the year 1993, the US congress enacted ‘The family Medical Leave Act’ without putting enough consideration into place. Consequently, the act has a crop of problems that need not only researched and evidence-based solution but legal and holistically a binding. The most overarching ones have the economic and social implications. Therefore, the US labor sector need to get feasible and lasting solution to this. Yes, American workforce need medical leave, but this leave should not work to the disadvantage of either the employer or the employees.

Problem one.

According to, Armenia, Gerstel, and Wing, (2014) the Family Medical Leave Act was enacted and left at total discretion of the employer or the employees; the employer as in most cases, can easily refuse to grant the permission or withhold the three months’ pay leaving the employee to suffer financially during the period as the act has no legal biding on payment aspects. The act also does not cater for even housing allowances. Contrary, the employees may leave their place of work at the hour of need leaving the organization to suffer the related losses. To fix this problem, the Family Medical Leave Act should be amended to provide the legal framework of implementation. As a result, the unpredictable and possible financial constraints that come with the three months leave can be waved away. The employer too will be cautioned from sporadic effects associated with FMLA.

Problem two

Loss of employment and tiresome legal battles in labor courts is another problem emanating from the act. Most of the employers have not come to term with the provisions of FMLA and aligned their operation. Whenever, the employers feel hard pressed to let employees go on leave, they may opt to fire the staff or make new recruitments behind the employees hence leading to loss of employment and unwarranted legal battles. A lot of resources and time I spend on this counterproductive antagonism that need not to be.

The policy and law makers, [Wisensale,2015). should therefore carryout multi-sectoral consultation and allow all the relevant stakeholders to give their opinions in order to harmonize the situation. Alternatively, the policy and law enforcement department should be vigil on common cases of the voiceless and helpless employees who loss their jobs and cases covered under carpets.

Problem three.

However, ‘The Family Medical Leave Act is discriminatory as it does not cover all employees like for example laborer’s. millions of domestic workers have been left out, Wisen, sale, (2015). The Family Medical Leave Act has also led to gender-based discrimination in terms of jobs. Twenty thousand women have been denied entry into military and discipline forces. Over eight thousand private companies have failed to employ women on the bases of the Act. Many government parastatals operate silently under the same duress of fear taking women because of the associated maternity, and normal annual leave and now the FMLA leave. Additionally, some of the legal conditions under which the employees can ask for leave are not rationale to most employers like for example a close relative joining military. The act seems to have been crafted in favor of men. The act therefore paints a contrary picture on the US provisions on gender and equality or the two third gender rule. This should not be the case as both American women and men deserve equal chances to employment opportunities and professions. The conditions need to revisited and only the viable ones left for the good of employers as well as national economy.

In a nut shell, there is need to fill the gap between the missing links. The employers should not leave not leave employees to under financial constraints during the Family Medical leave periods. The employees should sometimes be willing to sacrifice their comfort for the good of the employer. The loss of jobs and reprimanding of employees because of forced FML leave is consequential and the law enforcement division should be more vigilant. Gender based employment discrimination resulting from phobia of the provision is scourge which has to be eliminated. Nevertheless, the scope of the Family Medical Leave Act should be expanded to accommodate informal sector as well increasing its provisions benefits to house allowances and stipends. I believe with proper understanding and necessary actions in place the Family Medical Leave Act will serve more good to American labor force than its is today.

The table below gives a draft of the problems and solutions associated with the Family Medical Leave Act, FMLA.

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Part 2 Solutions

In looking at the problems that are associated with the act, there needs to be a solution that will be considered to be amicable to all the parties that is the employer and the employee. Solving the problems associated with the act will be able to foster a good employer-employee relationship in which all the parties will benefit from the relationship. The problem that made when coming up with the law was that there was no certainty (Porter, 2014). An amendment will be a good thing so as to make the law more applicable to the society.

Carrying out an amendment will be important in the sense that it will be able to provide a chance to rectify the mistake that was made by the formulators of the act. It will be able to patch up the various lacunas in the act and make it to be applicable effectively to both the employer and the employees without discriminating none.

The first advantage would be, certainty in the law. This will mean that the provision of the law is what the people will deal with. This means that no person can use the lacuna in law so as to benefit his or her situation (Anthony, 2008). The need of ensuring that the law is fair to both the employer and the employee will be something that will promote the good relationship that exists between them that is employer-employee relationship.

Second advantage is that it will be fair, this is to mean that the Family Medical leave will be amended in such a manner that it will general. This is in the sense that it should not only be affiliated with a certain gender. Which in the long run will not put a specific gender in a situation that will be discriminatory. The act will be made to improve the work environment in the sense that it will not be limiting the quality of the employee while working since he or she is stressed about a sick child or spouse.

The act will be fair in the sense that it will also incorporate some sought of allowance. This is because in all deep thoughts an employee will need money if he or she takes a Family Medical Leave. In all matters of fairness, it will not make sense if they are not unpaid, also it will not be fair for an employer to pay an employee who has not worked. Therefore, to establish fairness between them, the employer will be required to pay the employee a stipend or allowance while he or she is under such leave for a certain period like four months. The employer on the other hand will need prove to establish the veracity of the claim or the reason as to why the employee took the Family medical leave. This will help to cushion both the players and they will be treated fairly.

To be able to bring all the stakeholders on board, it will be good to hold consolations. In the process of coming up with the amendments (A.Lipnic, 2007). They will be good in the sense that the stakeholders will feel bound by it since they were among the people that were consulted and helped in coming up with the solutions. Once the act is binding it will be easy to implement it without facing of having unnecessary challenges that were not anticipated or would otherwise interfere with the work environment.

Having all the stakeholders on board will be a good idea in the sense that it will be able to promote the actual instruments of the act. This will provide a necessity that will make to improve the work environment where each stakeholder will feel a key player in the coming up with the document. This in its owns sense will give the act the standing that it will need to make it relevant and also applicable to the society as it ought to be.

In summary, the possible solution to the act is only through amending it. This will make the act more practical and binding to the member of the society. This in its own sense will give provide a conducive environment that will foster a good working relationship between the employer and the employee.

Reference

A.Lipnic, V. (2007). Family and Medical Leave Act Regulations: A Report on the Department of Labor information. Cornell University.

Anthony, D. J. (2008). The Hidden Harms of the Family and Medical Leave Act: Gender-Neutral Versus Gender-Equal. Journal of Gender, social Policy & the Law.

Porter, N. B. (2014). Finding a Fix for the FMLA: A New Perspective, A New Solution. Hofstra Labor & Employment Law Journal.