I. Components of the Family Medical Leave Act
The Family and Medical Leave Act that was signed in 1993 aims give employees some time-off from their work. This is to give them more time to spend with their families, care for a sick family member or even to recuperate from their own health concerns without having to give up their employment. The key components of the FMLA are that employed men and women are given up to 12 weeks of unpaid leave from work. The following could be the reasons to file for a medical leave under the FMLA, a) the need to take care for a newborn or newly adopted child; b) to take care for children, patents, or spouses who have serious medical conditions; c) to recover from their serious health condition, and this includes pregnancy and childbirth (Asher & Lenhoff, 2001).
The employee is entitled to the 12-week unpaid leave, and assume the same position or an equivalent position upon their return from their leave. In reference to the equivalent position, this means that the employee will receive the same benefits and pay as well as the same employment terms and circumstances. That is, demoting them upon their return is a violation of their right as an employee. Consequently, there are several factors that must be considered before an employee can qualify for an FMLA leave; that is, he must have worked for the employer for a minimum of 1,250 hours in the previous 12-month period. In addition to that, an individual must be working for a private employer that have 50 or more employees from within a 75-mile radius of the place of employment. According to the provision of the FMLA, employers that failed to comply with this law may have to face consequences for failing to abide by the act. The FMLA expressed that employees may recover twice as the amount of their lost wages as a result of being demoted or relieved from their job.
II. Evaluate the Actions of the Company
The field office manager denied the application of Brad Peters for an FMLA leave on the ground that his wife did not give birth. This is an outright violation of Peter’s right to avail of the FMLA leave; as stated in the first component of this act, an employee may file for a 12-week unpaid family leave to take care of a newborn or a newly adopted child. This guideline applies to both men and women, thus Peters is qualified to avail of it, despite the fact that his wife did not give birth.
Based on the given information, the field office manager denied the leave application without verifying the validity of the claim with the company’s human resource department. This incident demonstrates the lack of proper information dissemination within the company. Important matters such as this must be communicated to all levels because it can possibly affect each member of the organization. The lack of information dissemination and communication can have a great impact on the relationship within organizations and this is a case that should be given thorough consideration by the management.
The field office manager has the responsibility to ensure that the welfare of his subordinates are well-taken care of. In addition to that, they are also tasked to look after the performance of his team. In line with these responsibilities, the field managers must know how to satisfy the needs of his subordinates based on the capabilities that are within his means. In the case of Peters and his field office manager, the latter failed to secure the right information concerning FMLA leaves. On the part of the human resource department, it is their duty to share vital information to all levels of the organization, because this is critical in coming up with important decisions. It is to be noted that the company can become liable for failing to approve the right of Peters for a family leave.
What the Company Could have Done
The FMLA was created with the advocacy to provide the needed family and medical leaves to employees. What the company could have done in the first place is to inform all employees about their rights and responsibilities when taking a leave. According to the guidelines on the availment of the FMLA absence, the rule is for the employee to file a leave of absence within a 30-day notice in case of childbirth or in instances of adoption such as the case of Peters. Even in cases where the 30-day period is not practicable, it is still necessary for the employee to provide notice as soon as practicable. Therefore, the company could have informed the employees of their rights and responsibilities as members of the organization, and this includes their rights and duties in terms of seeking a leave of absence. Many ethical dilemmas can be avoided when upper management takes time to develop a communication plan, and adhere to it (Kliem, 2011).
In addition to informing the employees, the company must make sure that managers are knowledgeable about the intricacies of FMLA absence. They must not only be knowledgeable about the FMLA, but that they should act and respond accordingly towards a given leave request. Further, in order to avoid the same circumstance to happen in the future, the company must ensure that the field managers or people who are responsible for the approval of employment leaves know about the different aspects of existing family leaves. They should be given guidelines on how best to deal with FMLA applications because they are most likely the persons who are usually approached by the employees about time offs. Specifically, one of the key guideline that must be followed is to give the requesting employee the Notice of Eligibility and Rights and Responsibilities, and this includes the specification as whether the employee is eligible or not to take an FMLA absence. In cases where the employee is not eligible to take a leave of absence, the reason thereof should be stated in the notice. Confusion will be avoided with the use of good communication and proper documentation of the FMLA absence application.
III. Resolution to the Situation
As the Human Resource Director, I know of the grave consequence should Peters file for complaints for being denied his FMLA right. The law stated that employers must not interfere, restrain or deny an employee from exercising his right as provided for by the FMLA. The most I can suggest for Peters is for him to know about his duties and responsibilities when seeking FMLA absence. He should provide the notice, and should request from the office field manager to issue a Notice of Eligibility and Rights and Responsibilities, where the manager should state the reason why he is not eligible. Peters can then bring the matter to the attention of the human resource management, who will be tasked to communicate with the field manager. Accordingly, as the human resource manager, I would move to ensure that supervisors and field managers knew of the FMLA guide. Some of which include asking the right question concerning about why the employee is taking some time off, as well as promptly informing whether the leave of absence is approved or not.
References
Asher, L., & Lenhoff, D. (2001). Family and medical leave: Making time for family is everyone's business. Family and Medical Leave, 11(1).
Kleim, R. (2011). Ethics and project management. CRC Press.
