To reduce problems, employers should give injured workers notice of their rights under the FMLA if the injury appears to qualify under both statutes. The protected leave provided by the FMLA may run concurrently while an injured worker receives worker"s compensation benefits, but only if the employer gives proper notification to an employee before the individual returns to work. Otherwise, the employee retains all FMLA rights for any future problems or a reoccurrence of the original injury. This can be a problem when the employee takes FMLA leave "intermittently," to receive rehabilitative services or other treatments. It is essential that front line supervisors be made aware of the basic provisions of these laws to head off misunderstandings. Supervisor training is especially important since and employee is not required to make a specific request for FMLA leave in order to be protected. A uniform policy and supervisory training should help prepare an employer to handle these complex issues. The employer"s ethical responsibility is to post notices of employee rights and responsibilities under the FMLA. Also include an FMLA policy in existing employee handbooks or otherwise distribute such a policy, and must notify employees of their rights and responsibilities under the Act when a request for FMLA leave has been made. Those in favor of a national standard for family leave have argued for years that employers who have adopted Family and Medical leave policies have already experienced cost saving through reduced employee turn over and decreased hiring and training expenses. Such policies are viewed as a way to protect a company"s investment of time and money in its most valuable commodity: its workers. Supporters have also argued the Act will be cost effective from a public policy standpoint and the benefits outweigh the problems because society as a whole often pays the price for failed, fragmented family units.
Continue reading this essay Continue reading
Page 2 of 6