week 6 peer review assignment
“Should the Family and Medical Leave Act be changed?”
Strayer University
ENG 215
Catherine Cousar
July 23, 2017
Tomekia Hurt
My second topic of discussion is, “Should the Family Medical Leave Act be Changed?”. Yes, it should be changed. My daughter has been employed at her job for only two months. We recently just found out she is six weeks pregnant. She doesn’t qualify for FMLA, however he job is a more like a family. They believe in letting you take time off when you need it. I feel like a person applying for Family Medical Leave Act FMLA shouldn’t have to be employed at a job twelve month to qualify. I also feel like it should be paid. Most jobs benefits kicks in anywhere from the day they start or three months later. So, why should FMLA be different? It’s a benefit also. Most people can’t afford to be off work without pay. Many families have been faced with this situation.
If you are not aware of the Family Medical Leave Act (FMLA) can be called upon by employees when a medical necessity arises to leave work temporarily. The FMLA helps to ensure that the employee’s position will be retained and made available upon their return. This is very important because many people who have, through perhaps no fault of their own, are mentally, physically, or emotionally incapable of holding their current position could lose their source of income and have no employment once the issue has been resolved.
In an introduction, the Department of Labor summarizes the Family and Medical Leave Act stating, “Whether you are unable to work because of your own serious health condition, or because you need to care for your parent, spouse or child with a serious health condition, the FMLA provides unpaid, job-protected leave” (TN.gov).
The concept is one that aims to help those in need, but the foundation of the theory is unstable. To qualify for the FMLA, a person needs to meet the following requirements:
1. You must have worked for your employer for at least 12 months.
2. You must have worked for the employer for at least 1250 hours in those 12 months.
3. You must work at a location where the employer has at least 50 employees within 75 miles of your worksite. (TN.gov)
With these parameters in mind, the FMLA brings forth a limitation to its assistance and who qualifies. Shouldn’t all working Americans be entitled to help when a situation out of their control arises? As I mentioned before, my wife did not qualify, and it is because of the previously mentioned parameters. She did not have 12 months of employment with her employer and did not work 1250 hours within a 12-month span.
More requirements must be met though, they type of medical necessity is also defined. “What kind of leave qualifies for FMLA leave?” an author from the Alternative Press poses this question. The description for qualifying leave which he provides is as follows:
“The following types of situations may qualify for FMLA leave: (1) parental leave after the birth of a child; (2) pregnancy leave (where doctor requires bed rest, or there is a pregnancy-related complication); (3) adoption or foster care; (4) medical leave to care for a family member with a serious health condition; and (5) medical leave for your own serious health condition” (Shahrooz-Scampato).
Shouldn’t a person’s eligibility for the FMLA be determined on their overall contribution to society by evaluating their entire work history and need, not just their current employment status? If this change is not made, more and more Americans will be found falling through the cracks of qualification.
Shahrooz-Scampato, F. (2013, May 15). Family Medical Leave Act - What You Should
Know. The Alternative Press. Retrieved July 10, 2014, from http://thealternativepress.com/articles/family-medical-leave-act-what-you-should-know
Tennesee Employment Law Center. http://www.tennesseeemploymentlawcenter.com/fmla.html
