Trying to balance the challenges and responsibilities of a career and family life can be difficult.
Whether you’re an entrepreneur starting a business while raising a family or a high-level executive stressing over corporate fiscal responsibility while caring for aging parents, the pressures of everyday life can be overwhelming. So it’s no surprise that numerous studies show that workers would like more balance between the demands of the job and personal and family needs.
In 1993, Congress enacted the Family Medical Leave Act as an attempt ” … to balance the demands of the workplace with the needs of families; to promote the stability of families; and to promote natural interests in preserving family integrity.” The FMLA, although widely known and utilized, has proven troublesome during its first decade for both employers and employees because of its ambiguous language.
The FMLA provides for unpaid leave for a specific reason, but not every personal, family or medical event or condition meets the criteria. Birth, adoption, foster care or an employee’s or family member’s serious health condition qualify. Employers cannot deny leave to an eligible employee, but may require medical certification of eligibility or concurrent use of paid leave.
Employees are eligible for FMLA leave if their employer has 50 or more employees; they have worked for the employer for at least one year; and if they have worked a minimum of 1,250 hours in the past year.
Usually, employees on FMLA leave continue to receive health care benefits and are reinstated to their former positions when they return. Employees are not entitled to unemployment benefits while using FMLA; they are still considered employed when on unpaid leave status.
If an employee fails to return to work following 12 weeks of FMLA leave, he or she can be discharged. Ohio does not recognize a cause of action for wrongful termination in violation of public policy when the cause of action is based solely on a discharge in violation of FMLA.
Issues relating to the FMLA often require careful interpretation of the Americans with Disability Act (ADA), the Pregnancy Discrimination Act (PDA) and state workers’ compensation laws. FMLA leave requests require a detailed review of employment policies, ADA, PDA and workers’ compensation statutes.
Legislators seem to be encouraging a broader application for the FMLA. A bill was recently introduced to allow relatives of military personnel who are on active duty to qualify for leave.
Past consideration has also been given to apply the law to smaller employers and expand qualifying leave to cover school conferences. Some states have considered expanding the FMLA to include paid leave and offer tax credits to those on FMLA leave.
It is important for both employers and employees to thoroughly consider all aspects of the FMLA, as it remains a challenging area of the law. Cathryn R. Ensign is a partner with Brouse McDowell. She can be reached at (216) 830-6830 or [email protected].
