Family And Medical Leave Act: The Confabulation

Extension of the Family and Medical Leave Act: The Confabulation

Introduction

Prior to August 5, 1993, employees in organized employments could not find equilibrium between work and family life. Since the inception of the Family and Medical Leave Act (FMLA) in 1993, the balance between work and family was inaugurated in the United States. The passing of this law has allowed for eligible employees to take up to twelve weeks of a job-protected leave of absence that is unpaid in order to tend to family and medical matters. Now, employees may take a leave of absence without perturb of losing one’s job.

The stipulation with this law is that not all employees are eligible for this leave of absence. According to the Society for Human Resource Management

Albeit, the leave of absence is not paid; however, few employers have instituted some sort of pay through a portion or the entire duration of the leave of absence. “Only about 12% of the work force has access to paid family leave through employers. As a result, many workers have to choose between a paycheck and their family 's well being” (Walsh, 2013).

Through this article, Walsh is opining that the once tolerable leave of absence is no longer adequate and enough to cope with the changing workforce. In order words, Walsh is insisting that FMLA should become more affordable. Moreover, there should be some sort of pay that is provided during the leave of absence. Employees’ motivations to be productive are driven by many factors; one of which is compensation. According to Walsh, one study has shown that countries that have provided paid parental leave had a greater positive effect on productivity and retaining of employees than unpaid leave (Walsh,

As previously stated, FMLA is only applicable to employees who have been employed within the respective company for at least twelve month (need not be consecutively) and have worked at least 1,250 hours within that same time frame. “Eligibility requirements exclude many workers. In other words, close to half of the American workforce has no FMLA protection (Walsh, 2013).

Application to Course Concepts

Both employers and employees are favorable for paid time-off benefits. Companies stand to gain from sponsoring paid time off benefits (Martocchio, 2014, p. 241). This is evident that there is a shift in employee need and demand since the origination of FMLA in 1993. Employees are probing for more benefits that would promote their personal well-beings (relational contract). Thus, providing some sort of pay during FMLA would deter employees from making decisions to not care for themselves and/or family due because of financial reasons. Instead, this would probe employees to take advantage of their fundamental rights.