The Family And Medical Leave Act Of 1993 (FMLA) and The.pptVIP

The Family And Medical Leave Act Of 1993 (FMLA) and The Americans With Disabilities Act Of 1990 (ADA):Implications for Human Resource Management By Angela Hall, J.D., Ph.D. * These are the paraphrased leave requirements under the FMLA. The statute defines “son or daughter” or child as the biological, adopted, or foster child; a stepchild; a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age; or who is 18 years of age or older and incapable of self-care because of a mental or physical disability. A “serious health condition” means an illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. * Intermittent leave provisions can be found in 29 U.S.C. § 2612. Discussion point: Ask students how they feel about intermittent leave. Note: FMLA opponents often say that intermittent leave is burdensome for employers with respect to recordkeeping and employee scheduling. * Review the bullet points on the slide. The FMLA guarantees employees continued health care coverage; that they will return to the same or equivalent job and the same pay and benefits; and that they are protected against discrimination or retaliation for taking leave. The FMLA does not require employers to continue to pay employees on FMLA leave. Note: The FMLA is administered by the U.S. Dept. of Labor. However, claims involving retaliation and discrimination can also involve the U.S. Equal Employment Opportunity Commission. * Note: An example of certification could be a letter from a doctor describing the condition and stating how long the employee requires leave. Note: An employer can require the employee to provide periodic updates from a health care provider attesting that the employee still requires leave under the FMLA. * Employers must notify employees of their rights under the FMLA. The Code of Federal Re