Family And Medical Leave Act

1
EEO Family And Medical Leave Act

• Esmeralda Alonzo-Luna
• February 2, 2016
• MANA 6323 H1, Human Resource Strategy

2
Family and Medical Leave Act of 1993

• Why FMLA exist?
• Purpose for FMLA
• History of FMLA
• Who is eligible for FMLA?
• FMLA for Armed Forces
• FMLA Requirements
• FMLA Cases

3
Why was FMLA exist?

• Increase number for single-parent two-parent
  households
• Child development serious health conditions
• Job security and parenting
• Women primary caregiver
• Discrimination

4
Purpose for FMLA

• An act that grants a family temporally medical
  leave under certain circumstances
• To balance the demands of the workplace with the
  needs of families, to promote the stability and
  economic security of families
• To entitle employees to take reasonable leave for
  medical reasons

5
History of FMLA
Cumulative Earned Leave Act proposed to protect
benefits, seniority and other rights while on
leave
Women's Bureau DOL made recommendation regarding
pregnancy and child care
Current FMLA was introduced and signed by
President Bill Clinton
Bill reintroduced for 12wk unpaid leave
1st bill introduced for 18wk minimum
FMLA Passed by President
6
FMLA vs ADA Requirements
7
FMLA for Armed Forces

• On November 17, 2008, the DOL issued its final
  regulations under the Family and Medical Leave
  Act (FMLA), which include expansions to cover
  military leave along with changes to the current
  regulations.
• The final regulations become effective on January
  16, 2009.

8
Retuning from Leave

• Employees returning from FMLA must be returned to
  their former position, or an equivalent position
  with equivalent benefits.

9
Required FMLAPaperwork Notices

• Request for Leave Form
• Agreement for Leave Form
• Complaint Form
• Physician Certification

10
FMLA Cases

• Ragsdale vs. Wolverine World Wide, Inc.
• Nevada Department of Resources vs. Hibbs
• Staunch v. Continental Airlines, Inc
• Downey v. Strain

11
Questions
12
References

• Fmlalaw. "FMLA Law Family Medical Leave Act
  Update, Latest Cases on FMLA Law." Employers
  Duty to Designate Taken Leave as FMLA Qualifying
  or Not. N.p., 07 Feb. 2008. Web. 03 Feb. 2016.
• Konopaske, Robert. "Chapter 3- Family and Medical
  Leave Act of 1993." Human Resource Management. By
  John M. Ivanevich. Twelfth ed. New York
  McGraw-Hill Irwin, 2013. 80. Print.
• Konopaske, Robert. "Chapter 12- Family Leave."
  Human Resource Management. By John M. Ivanevich.
  Twelfth ed. New York McGraw-Hill Irwin, 2013.
  369. Print.
• Texas Workforce Commission. "Family and Medical
  Leave Act (FMLA)." Family and Medical Leave Act
  (FMLA). N.p., n.d. Web. 03 Feb. 2016.
• United States Department of Labor. "Wage and Hour
  Division (WHD)." Family and Medical Leave Act.
  N.p., n.d. Web. 03 Feb. 2016.