Essay on Employees And Employees Should Be Eligible For Fmla

1156 Words Dec 9th, 2015 null Page
As with any accusation of abuse and/or non-compliance, an explanation is always available from the side of the accused. In this case, both employees and employers have been on the defensive concerning abuse of FMLA and each has ready explanations for why it occurred. In general, the consensus from those involved is that the rules and regulations of the Act are difficult to understand and therefore the non-compliance or abuse is really unintentional and just a misunderstanding. One such scenario is when an employer believes that an employee must first request that a requested leave be categorized as FMLA and that it is not the employer’s responsibility to determine whether or not the leave would be eligible for FMLA coverage.
It is true that the paperwork for FMLA certification that doctors are required to fill out is complex, and, because no clear definition is in the Act itself of what a “serious medical condition” is, some doctors commonly consider a condition eligible for FMLA while other doctors may not. This contributes to what an employer may identify as abuse whereas the employee believes that his use of leave under the Act is valid. On the other hand, if an employer allows one employee to use FMLA time because that employee’s doctor filled out the form supporting his patient’s eligibility while denying leave for the same condition because that employee’s doctor deemed the condition not eligible under the Act, then the employer is viewed as being…

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