What Are the Advantages & Disadvantages of FMLA?
The Family and Medical Leave Act, or FMLA, allows an absence from work for employees under specific circumstances, such as pregnancy or health-related issues. Created during the presidency of Bill Clinton in 1993, the FMLA is a labor law that is enforced by the U.S. Department of Labor.
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Versatility
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FMLA covers a broad range of conditions, rather than just pregnancy, which is the most common condition that women take leave for. The act also covers caring for an adopted child or children new to foster care, should it be needed.
Also applicable is sickness and inability to work due to a serious medical condition. If for any reason an employee needs to take care of a family member for a short period of time due to a serious medical condition, he is also eligible to take leave under the FMLA.
Time
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A tremendous advantage of FMLA is the time, which is especially useful when it is used for pregnancy. Up to 12 weeks can be issued for the employee, which is normally ample time required to recover and adjust to a new baby.
The downside to the time is that for serious health conditions, 12 weeks may be considered extremely short, depending upon the situation.
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Benefits
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There are several other benefits of FMLA, including the guarantee of 12 weeks leave where the employee's job is protected; therefore, there is no fear of coming back and having been replaced. Group health benefits are also protected and must be maintained.
The Act also allows 12 weeks per year per employer, meaning that, if necessary, it can be used once each year.
Unpaid
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A downside to FMLA is that it is an unpaid leave. For many people, going without pay can be difficult during times where money is of extreme importance.
Eligibility
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A downside for some is being eligible. Not all employees at every company will be eligible, as there are specific requirements. The employee is only eligible for leave if they have worked at least 12 months with the employer with over 1,250 hours worked within the previous 12-month time frame.
The employee is also not eligible if the company does not employ at least 50 employees within 75 miles of the job location.
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