One of the errors of the Widgets Inc. with respect to Family and Medical Leave Act (FMLA) is that it fails to post substantive notices of rights. Each supervisor covered by FMLA has to post a profound notice of rights. However, only few employers take caution in abiding by this rule. It is important that they keep such notices posted at all time on its premises especially in conspicuous places in which employees work. Notices should explain the Act's provisions as well as provide relevant information in relation to the procedures to be followed in filing complaints against violations of the Act. Additionally, the notice needs posting in a place where all applicants for employment and employees can readily view (Perritt, 10). The poster as well as its text needs to be large enough to facilitate easy reading and contain legible text. In the event that an FMLA-covered employer embraces any eligible employees, it has to provide such a general notice to all employees through including the notice in all employee handbooks and subsequent written guidance to each employee or even distributing copies of general notices to all new employees during hiring.
The Widgets Inc. also fails to enforce designation notices. In this case, the employer is entirely responsible at any given circumstance for the designation of leaves as FMLA-qualifying, as well as for issuing notices of the employee’s designation. In the event that the employer bears sufficient information to establish whether or not the leave is taken for reasons that are FMLA-qualifying (such as, after receiving a certification), the employer, within five business days needs to notify the employee on whether or not the leave is designated as FMLA leave. If the employer is able to determine that it will not be a FMLA-qualifying leave (for instance, if its reason is not covered by FMLA or there is exhaustion of the FMLA leave entitlement), the employer needs to notify the employee of the determination therein in writing (Walsh, 11). At this point, it is important to note that the designation and eligibility notices are two very different requirements. The eligibility notice is provided immediately the employer receives the notice of a need for a potentially qualifying leave. Upon the employer’s receipt of the same, enough information needs to be provided to determine if the leave does qualifies, as it needs to provide a designation notice.
The third error in implementation is that there is failure in documenting dispute resolution procedures. Here, if there any dispute exists between employers and employees on the qualifications of a leave as FMLA it has to be resolved through intense discussions between the stakeholders (employee and employer). Such a discussion and therefore decision needs documentation. In this case, the employer unilaterally determines that the leave taken by an employee leave is not a qualifying factor for protecting the two parties under the FMLA (Walsh, 15). It is important to notify the employee of the specific decisions as the discussion continues. In all circumstances, employees should inform the employer about their points of disagreement with such decisions. Doing this will trigger obligations on the employer’s part in attempting to induce resolutions of the dispute as well as its documentation in the course of the dispute resolution process. The failure of the employer to do so can constitute to actionable interference with the FMLA rights of an employee if such failure harms the employee.
The case of Widgets Inc. also fails to provide for cure of sufficient certification. As set forth above, Widgets Inc. needs to provide complete and sufficient forms of certification as requested. However, if the Widgets Inc. finds the certification as incomplete or insufficient, it does not form grounds for outright denial for the leave. It is important to note that Widgets Inc. has to advise its employees whenever the management finds the certification incomplete or insufficient. This needs to be stated in writing on the additional information, which is necessary in making the certification sufficient and complete. It is important that the employer provide the employee with up to seven calendar days of curing any such deficiency.
Widgets Inc. may also be required to let the employee have more than seven days for the purposes of curing if it is determined to be impracticable under the specific circumstances irrespective of the employee's diligent efforts of good faith. It is only if the specified deficiencies indicated by Widgets Inc. are not addressed in the resubmission certification that the employer can ably deny the granting of FMLA leave (Perritt, 22). Very often, Widgets Inc. will unilaterally settle on the fact that employees have failed to avail the necessary certification. In addition, the employee’s absences are therefore not under the protection of the FMLA. Therefore, in the event that the company’s employee absence policy is violated, there are sufficient grounds for termination. However, the FMLA places heavy burden on Widgets Inc. as an employer to work together with the employee in obtaining the certification such as the inclusion of giving second chances.
In my analysis, the FMLA provides for up to four different approaches for employers in calculating the 12-week leave entitlement for its employees. These include calculations based on a calendar year, some other predetermined and fixed 12 month term, using the 1st day of an employee in using the FMLA leave and the application of a rolling 12-month period, which is measured backwards from the time a given employee makes use of any FMLA leave (Iafc, 9). In most cases, a wide category of employers will settle the last option (rolling 12-month period) as it is both the most advantageous and administratively burdensome. Under the ‘rolling 12-month period’, each instance that the employee takes on a FMLA leave, the remainder of the leave entitlement becomes the 12 weeks balance that is not used during the preceding 12 months.
The FMLA allows for all employees including those at Widgets Inc. to make use of their basic leave provisions for critical health conditions to the employee's family or the employees themselves. Basic leave coverage maintains that employees having up to an annual 12 weeks unpaid leave can exercise this right. The 12-week allotment also extends to all family members who have to deliver alternative care arrangements in the deployment of a family member or attend military functions for their family members in active service. Widgets Inc. must provide 12 weeks of leave in each year (Ford, Notestine and Hill, 7). If employees use their FMLA leaves for at least a single week, then the government directs that the employer allow holidays falling within the same week to bear no effect on the absence. In simper terms, any holiday that falls within the week will still count against the FMLA leave entitlements of the employee. However, in case the employee uses incremental or intermittent leave for a period, which is less than one week, the holiday will not be counted against the entitlement of the FMLA leave, as the employee is not usually scheduled to work during such holidays.
Some of the policies that Widgets Inc. needs to introduce to ratify the FMLA will require that it provide eligible workers with similar group health insurance benefits, which include employer contributions to subsequent premiums, which would exist even if such employees were not on leave. Widgets Inc. also needs to restore to the initial positions upon returning to work. If such positions are unavailable, the employer needs to provide the worker with a standard that is equal in responsibility, benefits, and pay. Widgets Inc. should also diversify the protection of all employee benefits while they are on leave (Cihon & Castagnera, 17).
In conclusion, all employees are entitled to consistent reinstatement of comprehensive benefit packages to which they were entitled to prior going on leave. The protection of employees not to have interferences of the rights covered under the Act with or facing out right denial by the employer needs to be promoted. Widgets Inc. needs to protect the employee from aspects of retaliation for exercising rights provided for in the Act. Intermittent FMLA leave for their individual serious health conditions and the critical health conditions of the family members will include occasional leave for medical appointments for chronic conditions and treatment (such as chemotherapy, psychological counseling and physical therapy) this will also include temporary incapacity periods (for instance, severe morning sickness and asthma attack).
Works Cited:
Cihon P., Castagnera J., Employment & Labor Law. New York: Cengage Learning. 2010. Pp 7-43. Print
Ford K., Notestine K., Hill R., Fundamentals of Employment Law. New York: American Bar Association. 2000. Pp 7-38. Print
Iafc Chief Officer: Principles and Practice: Principles and Practice. New York: Jones & Bartlett Publishers. 2011. Pp 9-37. Print
Perritt H., Employee Dismissal: Law and Practice. New York: Aspen Publishers Online. 2006. Pp 35-61. Print
Walsh D., Employment Law for Human Resource Practice. New York: Cengage Learning. 2012. Pp 11-119. Print
