A Child
Picture it, April 1, 1992, there was a beautiful, young peasant girl with a serious medical condition. Her family is so poor that they cannot afford all of her medical expenses by themselves. Her father is thankful that he has medical insurance through his company to help them through their time of need. Things took a turn for the worse a few months later, since he took so much time away from work to care for his daughter and to take her to her doctor appointments. His daughter’s extensive medical expenses resulted in an increase in his company’s medical premiums, coupled with all of the time he missed from work, resulted in his employer terminating him. The family was in despair. They have no job, no money, and now, no medical insurance to help. This story, my friend, is what it was like before the Family and Medical Leave Act of 1993 (FMLA).Balancing work and family life is a major human resource management issue for many in modern America’s workforce and their employers. A particular area of concern is the need to take extended time off from work for the major medical conditions such as pregnancy, recovery from surgery, or cancer treatment, just to name a few. A Child’s . . .
Congress) After reviewing the findings, Congress wanted to establish an Act to fulfill the following purposes: “(1) to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity; (2) to entitle employees to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition; (3) to accomplish the purposes described in paragraphs (1) and (2) in a manner that accommodates the legitimate interests of employers; (4) to accomplish the purposes described in paragraphs (1) and (2) in a manner that, consistent with the Equal Protection Clause of the Fourteenth Amendment, minimizes the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons, on a gender-neutral basis; and (5) to promote the goal of equal employment opportunity for women and men, pursuant to such clause. An eligible employee may also bring a private civil action against an employer for violation. Congress has found that the number of single-parent households and two-parent households who must work is increasing significantly. The law also requires employers to keep certain records. This is a perfect example of a complex human resource management issue that was not properly handled nationwide before this law was enacted. There were studies done by Congress to rank the importance of this issue. As illustrated in the movie, before 1993 if you or a dependent had a major medical condition that kept you away from work, your employer could ultimately terminate you at will. This law states an employer cannot interfere with, restrain, or deny any right provided by FMLA. However, the Federal Government responded, through the Department of Labor, by forming the FMLA and an extensive set of guidelines for employers and employees to determine eligibility for benefits. Labor Department's Employment Standards Administration, Wage and Hour Division. Sometimes a situation requires government intervention to encourage formation of legislation such as the Family and Medical Leave Act of 1993. Unfortunately, many laborers experience medical difficulties in their lifetimes.
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