Fmla Case Study

In the work place employees are informed of benefits during the interview process and orientation. During this time employees are informed of health care benefits such as Family and Medical Leave Act (FMLA). For employees to use FMLA they must qualify for eligibility to take unpaid leave. In this case study the history of FMLA, eligibility, benefits and drawbacks for employers and employees, and options for companies with less than 50 employees will be reviewed. In 1993, U.S. President William Clinton signed the Family and Medical Leave Act as his first legislative policy (Westat, 2000). For most employers the policy took effect in August 1993 or on the day of the Collective Bargaining Agreement expiration but no later than February 1994

For the first leave of absence, the employee would not need inform their employer of taking FMLA if their work schedule would be covered during personal time off (PTO). For an employee to take an extended time, they would need to provide request time off and follow the criteria of FMLA. The employer may require the employee to provide certification from their primary care physician (PCP) or specialist especially if there is a serious health condition. In some cases, the employer may request two to three additional opinions which would be covered at the expense of the employer (U.S. Department of Labor,

Per FMLA regulations, ICA is excluded from being a covered employer due to the company size. Reviewing ICA’s employee handbook the company does honor FMLA on a case by case basis. Upon speaking with an ICA employee that recently requested FMLA, they were able to provide information on the process of applying for medical leave. For an employee seeking FMLA they must provide in writing to the executive officer at ICA reason for taking leave. The employee then must submit certification from their PCP documenting reason for medical leave and expected time off from work. Once approved from the executive officer, the FMLA request is sent to ICA’s out-sourced human resources at CoStaff. After human resources approves the employee is able to take medical but must use all of the PTO minus one day upon their arrival back to work. While on leave, the employee must submit certification every two weeks to qualify for paid leave at 80 percent of their biweekly income. Before returning to work, the employee must submit fitness-for-duty certification and will be reinstated to their previous position, pay, and all benefits prior to