Family Medical Leave Defining Boundaries Thesis

The already-begun and ongoing retirement of the so-called "Baby Boomer" generation already has many employers worried concerning the size and effectiveness of the workforce, and appropriate use of the Family Medical Leave Act is essential to ensure that the United States still has a large and energetic pool of workers available for employers (Brown 2005; Holmes 2008).

The most obvious constraints on employees seeking leave under the Family Medical Leave Act are the qualifications for taking a leave under the Act. The birth or adoption of a child is a rather straightforward scenario, and bears little comment here. Defining the seriousness of a medical condition, either in the employee or in the employee's immediate family member, is a more complex and ambiguous task, however. Only "a serious health condition that males the employee unable to perform the functions of the position of such an employee" makes someone eligible for leave under the Family Medical Leave Act, and a "serious medical condition" is one that requires in-patient or ongoing medical care (Holmes 2008). If the leave is taken in order to care for an immediate family member, there must not only be evidence of a serious medical condition but also of the need for the employee to provide care. If the family member is able to get themselves to and from their doctor appointments, for example, then leave for a caregiver might not be warranted (Homes 2008; Sawnke & Zeman 2009).

The other layer of protection around employers and society at large from employee abuse of the Family Medical Leave Act comes in the form of notification. The employee is obligated to notify their employer that they will be seeking time off, although they do not need to mention the Family Medical Leave Act (Holmes 2008). In general, there are many responsibilities that the employee has to minimize the disruption to the employer, such as 30-days notice of an intent to take extended leave when possible, and a good faith estimation of the extent of the leave, or a willingness to work with the employer on a reduced schedule plan or intermittent leave period in cases where this is needed (Holmes 2008). In general, however, society is protected by mandating leave in situations where family members require care.

References

Brown, J. (2005). "Addressing the Stress of Elder Care: Behavioral Health Services Can Provide Relief for Caregivers." Employee benefit plan review October, pp. 11-3.

Holmes, D. (2008). "The Family and Medical Leave Act." Employee benefit review plan May, pp. 10-3.…