DK
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Discuss the Family and Medical Leave Act (FMLA) of 1993, including its eligibility requirements, scope of coverage, and effectiveness.
On Jul 08, 2024
The Family and Medical Leave Act (FMLA) of 1993 requires organizations with 50 or more employees within a 75-mile radius to provide as much as 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill child, spouse, or parent; for an employee's own serious illness; or to take care of urgent needs that arise when a spouse, child, or parent in the National Guard or Reserve is called to active duty. In addition, if a family member (child, spouse, parent, or next of kin) is injured while serving on active military duty, the employee may take up to 26 weeks of unpaid leave under FMLA. Employers must guarantee these employees the same or a comparable job when they return to work. The law does not cover employees who have less than one year of service, work fewer than 25 hours per week, or are among the organization's 10 percent highest paid. The 12 weeks of unpaid leave amount to a smaller benefit than is typical of Japan and most countries in Western Europe. Japan and West European nations typically require paid family leave. Experience with the FMLA suggests that a majority of those opting for this benefit fail to take the full 12 weeks. One reason for not taking the full 12 weeks is that not everyone can afford three months without pay, especially when responsible for the expenses that accompany childbirth, adoption, or serious illness.