Critical Thinking 2

Running Header: FAMILY MEDICAL LEAVE ACT OF 1993 1
Family Medical Leave Act of 1993: Defined, Liabilities, and Ethical Concerns
Stephanie Perrier
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MGT315-3 Business Law
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Colorado State University- Global Campus
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Dr. Camarota
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FAMILY MEDICAL LEAVE ACT OF 1993 2
Family Medical Leave Act of 1993: Defined, Liabilities, and Ethical Concerns
FMLA Defined
The Family Medical Leave Act (FMLA) was passed by President Bill Clinton in 1993.
This act is to allow employees who have an illness, have a parent, spouse, or child with an illness
or have welcomed a new child into their family a period of time away from work to be with their
families and/or recuperate. This time is unpaid and last up to 12 weeks. During this time the
employer must hold the employee’s position for them until they return. There are several
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guidelines for this act making it an employment law difficult for employers to understand and
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execute as well as making it unavailable to much of the working population. Companies that are
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comprised of 50 or more employees are companies that must abide by this law. The restrictions
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on which employees qualify for the leave aren’t quite as definite. For example, part time
employees or employees who have a grandparent with a serious do not qualify.

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Managing FMLA Within the Company

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FMLA cases must be handled with the utmost diligence. One wrong step from an agent
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within the company can create a lawsuit against the principle. Employers should make sure that
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all of their employees are fully aware of FMLA, understand what it is about, and understand the
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ramifications if the law is not upheld. All new hires within the company should be debriefed on
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their rights as an employee under FMLA. Making sure each employee is educated can save the
company future complications. It is common for employees to not be educated on their rights
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under this act and this causes a liability for the company. For instance, if an employee is
suffering with a serious illness but does not have the time to take off or is not aware of their
rights to an FMLA leave they could work through the illness making the illness worse. The
employee could then develop a case against the company stating that they were unaware of their
rights and turn it into a worker’s compensation case, costing the company money. It is important
to have the FMLA guidelines printed on paper in an employee handbook or given to the
employee directly upon employment.
Companies must have a plan in place on how to handle FMLA cases so when one is
presented there are no questions. There are many ways a company can find themselves in trouble
if these cases aren’t handled properly. For example, if an employer forgets to file the correct
paperwork with the Human Resources department the time in which the employee’s FMLA term
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is extended. These cases cannot be back dated. This causes a problem for the Human Resources
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department as well as the department in which the employee is working. Proper planning is
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essential when an employee takes this kind of leave because the company must prepare
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themselves for the extra work, decrease is sales, or any other issue that may present itself in
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correlation to the employee being gone.

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Liabilities Presented After FMLA Leave
It is a common misconception that once an employee is through with their FMLA leave
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the company is free from liabilities pertaining to FMLA and that is false. Not only are there
logistics related to the term of the FMLA but there are logistics associated with the leave upon
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the employee’s return. Just as with any other discrimination employment law, employees are not
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to be treated differently because they took FMLA leave after their return. Taking the leave should
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not negatively affect the employee in any shape or form. If an employee’s pay changes, they are
demoted, or fired in direct relation of their FMLA leave, they are entitled to a lawsuit against
their employer. This kind of case is referred to as FMLA retaliation.
In 2017, case Walker v. Verizon Penisylvania LLC, a fifty-six year old woman sued her
former employer, Verizon, on the grounds of FMLA retaliation in junction with age
discrimination. The woman took about a two and a half month FMLA leave due to an injury.
Shortly after her return, she did a midyear review with her supervisor. During this review, her
supervisor noted that she has missed a lot of time due to her injury. This alone was enough
reference to her FMLA leave for the woman to claim FMLA retaliation. The company eventually
had to make some cuts. In doing so, they used the reviews over the previous two years to
determine who they had to release. The supervisors were attempting to decide between Walker
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and one other employee. The decision was based on their reviews and had that supervisor not
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marked on Walker’s review about her FMLA, she would have received a better review than the
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person they decided to keep in place of her. Therefore she had a basis in which to file a case in
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terms of FMLA retaliation.
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Conclusion
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As a Human Resources representative of this company, I want all of our employees aware
of the FMLA act and what it entails. I want every employee to be given a write up explaining
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their rights under this act and when it is appropriate to use them. I want all supervisors and
managers to understand the act, be able to explain it to others, and be aware of how to handle a
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situation where an employee does take this leave. I want to ensure that all of our employees are
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protected and that our company is protected as well. I want our employees to understand that this
leave is available to them and under what circumstances it is available. I also want them to feel
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confident that if they take the leave, that they will not be demoted, dismissed, or in any way
treated differently due to their lawful right as a full time employee of our company.
References
Alvarez, F. P. (2015, June 01). Liability Risks Do Not End When FMLA Leave Is Over:
Retaliation under Family and Medical Leave Act. Retrieved from
https://www.jacksonlewis.com/resources-publication/liability-risks-do-not-end-when-
fmla-leave-over-retaliation-under-family-and-medical-leave-act
Family Medical Leave Act. (n.d.). Retrieved from https://www.dol.gov/whd/fmla/
Ludden, J. (2013, February 05). FMLA Not Really Working For Many Employees. Retrieved
from https://www.npr.org/2013/02/05/171078451/fmla-not-really-working-for-many-
employees
Rhodes, J. (2018, April 11). Court Awards $619,000 Against Verizon for FMLA Retaliation and
Age Discrimination. Retrieved from https://www.shrm.org/resourcesandtools/legal-and-
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compliance/employment-law/pages/verizon-fmla.aspx
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Running Header: FAMILY MEDICAL LEAVE ACT OF 1993 1

employees or employees who have a grandparent with a serious do not qualify.

Managing FMLA Within the Company

employee directly upon employment.

correlation to the employee being gone.

Liabilities Presented After FMLA Leave

their employer. This kind of case is referred to as FMLA retaliation.

Family Medical Leave Act. (n.d.). Retrieved from https://www.dol.gov/whd/fmla/

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