Understanding the Guarantees And Purpose of FMLA – Family and Medical Leave Act

FMLA(Family and Medical Leave Act) is an employment law that requires employers to provide leave to employees due to serious family health problems. Eligible medical and family reasons may include adoption, pregnancy, caregiving placement, family or personal illness, and military leave.

It also provides continued health insurance coverage and employment protection while the employee is on leave. The FMLA (Family and Medical Leave Act) is intended to give families the time and resources to deal with family emergencies, while also guiding employers.

Why FMLA is Important

Almost all workers in a company must have missed the office according to the schedule set by the company. Because sometimes employees get sick, get permission due to various matters, or even take time off from work. However, if there is an employee who is rarely absent from the office, it means that he must be given the right to take time off. Leave may be the right of every company employee that has a legal basis.

The existence of clear provisions in the company regarding the regulations for implementing this leave is intended so that between employees and the company both benefit and there are no disputes. This employee leave regulation also determines the salary distribution by the company. Leave is an employee’s right given by the company and will increase morale at work because the right to leave is considered. It is hoped that this provision of work leave will make employees more loyal to the quality of the company and when they return to work they will be more focused.

However, in reality, we still see that there are still many companies whose regulations are not following the Manpower Act regarding employee leave. Some employees themselves are on leave but it is detrimental to the company, such as being absent for unclear reasons.

Therefore, the FMLA (Family and Medical Leave Act) is important to be studied by both the company and employees so that each party does not violate it. Disputes about employee leave also often occur starting from the application, timing, approval process, and time off to salary deductions or not when taking leave.

FMLA Guarantee

An employee who takes leave that falls under the FMLA is protected from his job; This means that the employee can return to the same position before the leave began. If a similar position is not available, the employer must provide a position that is substantially equivalent in salary, benefits, and responsibilities.

FMLA goal

The FMLA (Family and Medical Leave Act) which is administered and registered by the Department of Labor, has the following objectives:

• To balance the demands of the workplace with the needs of the family, promote family economic stability and security, and advance the national interest in maintaining family integrity.

• Give employees the right to take reasonable leave for medical reasons, namely: for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition.

• To achieve objectives in a manner that accommodates the legitimate interests of the entrepreneur.

• To achieve the objective in a manner that, follows the Protection Clause and minimizes the potential for employment discrimination based on sex by ensuring generally that leave is available to those who qualify. medical reasons (including pregnancy-related disabilities)