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Family and Medical Leave Act in the Workplace Thesis

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Updated: Oct 12th, 2021

The FMLA legislation of 1993 is part of a progression of laws that aim at providing fairness in the workplace and protect employees against any form of prejudice and unfair labor practices. The FMLA, however, goes further in that it forms a representation of an active effort “to balance the demands of the workplace with the needs of families, therefore advocate for the stability and economic security in the families and to support national interests in preserving the integrity of the family as an institution” (29 U.S.C. 2601-2654 (1994)).

This law, since its passage, has enabled over 50 million workers to take leave for up to 12 weeks to take care of themselves and their loved ones. This unpaid leave has been used by those who are sick and even those who have a newborn or ill child.

The provisions in the law prohibit the employers from counting the leave granted against the employee’s benefit programs.

The law has given workers decency and peace of mind as they are from the fear that they might lose their careers at the expense of their families.

As a result of this law, most employers have expanded their policies so as to comply and protect the rights of workers.

The FMLA is a real success initiative and is a very significant step towards ensuring that the nation has not only productive but also successful male and female workers who are healthy and lead secure families. The law has seen millions of workers grace with their presence to critical family needs without taking the loss of their jobs as a result.

In terms of eligibility, the existing standards do not impose obstacles on workers seeking to take FMLA leave. This is because there is a balance between the employer’s needs and those of the workers.

According to studies done by the labor department on employers covered by FMLA, this legislation has a neutral impact on organizations’ profitability and productivity.

FMLA has been essential in advancing the equality of women in the workplace and enhancing their participation.

FMLA is a very significant step towards achieving a nation that really values the family unit.

The FMLA as a law has been fundamental in changing policies in the workplace in general and influencing public policy to support local family-friendly activities. The impression derived from the existing literature suggests, however, that for S.E.T. professionals, much more is required to make things better. The demands of an arduous profession at the moment seem to rule out the possibility of leave and other family-friendly policies being fully utilized without compromising the careers of leave takers. It is further suggested that the period of leave is not long enough for some situations while the fact of leave being unpaid creates a burden, even if there are company-specific policies that manage to pay a portion of the salary.

However, it is vital to point out that the extent to which the FMLA and other similar legislation can potentially pressure the recruitment, retention, and promotion of women, minorities, or persons with disabilities in certain professions remains unclear. In each of the major sectors in which the professionals are employed contains several issues with regard to the working environment of women and persons of color, establishing that equal conditions of employment and equal entrance to promotion are not widespread.

Reference

Waldfogel, Jane. “The Impact of the Family and Medical Leave Act.” Journal of Policy Analysis and Management 18, no. 2 (1999).

U.S. Department of Labor Women’s Bureau. “State Maternity/Family Leave Law.” Washington, D.C.: Woman’s Bureau, 1993.

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IvyPanda. 2021. "Family and Medical Leave Act in the Workplace." October 12, 2021. https://ivypanda.com/essays/family-and-medical-leave-act-in-the-workplace/.

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