Family and medical leave act

It should be a basic human right to guarantee employees of the social protect of their family members, a consideration quite catered for in the Family and Medical Leave Act. The law dictates for employees to be given a 12 month leave in the event of birth, child adoption, caring for a family member, and/or having a serious personal health issue (Doyle, 2010). According to the law, to qualify for the provisions of the Family Medical Leave Act, an employee must have been employed for 12 month and worked for 1,250 hours in the particular organization.

However, the 12 working months need not to be consecutive (Doyle, 2010). In addition, the Family Medical Leave Act is only applicable if the employer has employed at-least 50 employees within 75 miles of the worksite. Further, the law allows for employees to enjoy the privilege of working for lesser hours as a form of leave (Doyle, 2010). Nevertheless, employees must have their benefits maintained during the leave period. As an employee, qualifying for the leave one must give 30 days notice to the employer.

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If the employee fails to provide 30 day notice, employer has a legal authority to delay the leave by 30 days (Doyle, 2010). On the other hand, the law allows employers to request for certification from a medical professional qualifying the need by the employee to take a leave. Working in the same company with your spouse, the law allows only one of the couples to take leave in the event of birth, child adoption, or caring for a family member with critical health condition.

Employers are required by the law to provide the employee with a written notice on whether they qualify for the leave within two business days upon leave request (Doyle, 2010). The law does not allow for employer to alter the leave after it has been granted. Indeed, even if the employee capacity falls below the 50 marked while leave has been granted, the employer cannot seek to terminate FMLA. Laws related to the Family Medical Leave Act in my State of residence The Oregon state has a comprehensive legislation in protecting its employee rights.

Unlike the dictates on FMLA law limiting employee numbers to 50 and above, the labor laws of Oregon states provide employer to give family and medical if the organization has at-least 25 employees (Sherwood & Canty, 2007). The state has also enacted laws expanding the provisions of the FMLA. According to its laws, the rights to having family and medical leave by employees can be executed even for domestic partners, grandparents, and grant children as well as providing care to parents-in-law.

According to the existing labor laws in the Oregon state, it is an employee right to be granted family and medical leave incase of non-serious injuries of health complications for a child provided such dictates for home care (Sherwood & Canty, 2007). The state has also enacted FMLA-type statutes which guarantees employees of the right to have unpaid leave to attend to educational activities of their children, address domestic violence issues and meet routine medical visits requirements of their family members (Sherwood & Canty, 2007).

Nevertheless, the FMLA and related laws have been blamed for being an increased expense to employers. A good example is the Pregnancy Discrimination Act of 1978 which makes employment of women quite expensive, an element that negates the provisions of the equal employment opportunity clause of the American constitution. References Doyle, A. (2010). Family and Medical leave Act (FMLA). Retrieved February 9, 2010, from http://jobsearch. about. com/cs/employmentlaw/a/fmla. htm Sherwood, S. , & Canty, K. (2007). Expanding the Family Medical Leave Act. Policy Studies Journal, 35, 11-21.


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