Topic Identification
The federal law that will be researched in the final paper is the Family and Medical Leave Act (FMLA), legislation aimed at supporting employees’ ability to care for loved ones. The final paper requirements recommend giving preference to topics that inspire various conversations (Libncsu, 2022). Since FMLA affects employers and workforce members differently, it can become an interesting research topic.
The Pre-Research Process
Who
The parties affected by the FMLA are U.S. employers and particular employee categories. As per FMLA-focused surveys conducted in 2018, 10% of surveyed employers reported specific barriers to compliance (Abt Associates, n.d.). As for employees, although eligible workers are generally affected positively, some evidence suggests that employed individuals taking care of older adults consider the law inadequate (Park & Robinson, 2020). Female, low-wage, and small business workers often are excluded when it comes to protections under the FMLA (Gaskin, 2023). Therefore, the policy affects certain parties by creating challenges and unequal leave access.
What
The three subtopics that make up the topic are inequality in FMLA coverage, employee awareness, and employers’ difficulties, and each is associated with specific factors. Concerning inequality-related factors, the current version of the FMLA features exceptions, with companies employing fewer than fifty workers having no obligation to provide paid leave(Gaskin, 2023). Furthermore, fewer than 1250 hours a year are not covered, women are less likely than men to be eligible, and fewer than 40% of low-wage employees access paid leave (Gaskin, 2023).
The subtopic of awareness is linked to two factors, including employed caregivers’ limited knowledge of FMLA eligibility requirements and the underutilization of benefits by those caring for older adults (Park & Robinson, 2020). The first factor relevant to subtopic three, employers’ concerns, is companies’ challenge in planning intermittent leaves under the FMLA (Gaskin, 2023). Another employer-reported factor is overlaps between the FMLA and non-federal leave-related laws (Gaskin, 2023). The factor is especially relevant to entities operating in different states or having remote employees.
When
The key developments in the FMLA took place in the last four decades. In the mid-1980s, the Women’s Legal Defense Fund drafted the bill that gave rise to the FMLA (National Partnership for Women and Families [NPWF], n.d.). Between 1985 and the early 1990s, there were a few unsuccessful attempts to make it law, and the FMLA was passed only in 1993 (NPWF, n.d.). During the COVID-19 pandemic, eligibility for paid leaves was expanded to incorporate COVID-related conditions, but the new provision was removed in 2020 (Gaskin, 2023). Eligibility expansion remains a popular idea that has not been implemented.
Where
Meaningful conversations regarding the FMLA topic occur in the scientific law research community and bipartisan and non-partisan organizations. Legal scholars, including Park and Robinson (2020), empirically assess the FMLA’s impacts and rely on previous scholarly investigations. Bipartisan bodies like the Bipartisan Policy Center review and assess FMLA reform options (Gitis & Sprick, 2022). Non-partisan organizations, such as the NPWF (n.d.), advocate for expanding FMLAs to remove discrimination. Thus, the law’s impacts and future development prospects are discussed ubiquitously.
Why
The topic of the FMLA matters to my audience and me since almost any young employee might need to request job leaves to proceed with treatment or take care of children, parents, or spouses. I find the topic interesting because it reveals much about the government’s support of families. Also, the incidence of discrimination claims related to family caregiving has increased since the introduction of the FMLA, revealing that not all employers are willing to comply with it (Park & Robinson, 2020). I know a person who was wrongfully fired just before starting her FMLA leave, and this story contributes to my interest in the topic. I do not need advice to proceed with the topic, but one question concerning final paper requirements relates to the need for a narrow research question.
References
Abt Associates. (n.d.). Assessing the Family and Medical Care Act. Web.
Gaskin, J. K. (2023). FMLA just turned 30. Is it time for a new model? Corporate Compliance Insights. Web.
Gitis, B., & Sprick, E. (2022). Modernizing FMLA: Reform options to expand employee coverage and reduce employer burdens. Bipartisan Policy Center. Web.
Libncsu. (2022). Pre-research: Strategies to begin any assignment [Video]. YouTube. Web.
National Partnership for Women and Families. (n.d.). History of the FMLA. Web.
Park, G., & Robinson, E. (2020). The Family and Medical Leave Act: A policy analysis and recommendations to address employed caregiver burden. Innovation in Aging, 4(1), 104. Web.
