FMLA Update

The most contentious issue of the Family and Medical Leave Act (FMLA) at this point is the termination of employees after the 12-week period of time off. This issue is especially a concern for mothers. There is mounting evidence that the FMLA fails the most in cases involving parents. The FMLA became a federal law in 1993. The basics of the act provide for 12 weeks of unpaid leave per year for:

• the birth and care of a newborn (or adopted) child of an employee (male or female)
• the care for an immediate family member (spouse, child, or parent) with a serious health care problem
• medical leave when an employee is unable to work.

The FMLA applies to employers with 50 or more employees. The question is: “Do workers have a fundamental right to care for their families?” This question is the title of an article on the subject that appeared in The New York Times Sunday Magazine on July 29, 2007. CEC Associates has been assisting employers with compliance issues in the broader context of disability management programs since the inception of the FMLA. Still, we are interested in the views of others on this issue of discrimination against caregivers. What responsibilities do employers have under the FMLA, especially as those responsibilities relate to parents?