Elora Jean & Co. Leave Policy: A Detailed Report on FMLA Compliance

This report examines the leave policy of Elora Jean & Co. in relation to the Family and Medical Leave Act (FMLA) of 1993. With 124 employees, the company faces challenges in managing employee time off. The report outlines the legal risks associated with FMLA, including potential fines and civil liabil...Read More

2/15/2019
LEAVE POLICY 0
Leave Policy
Student’s Name
Elora Jean & co.

LEAVE POLICY 1
Contents
Introduction.................................................................................................................................................2
Legal Risk.................................................................................................................................................3
Cases........................................................................................................................................................4
Leave Options..........................................................................................................................................5
Sample Leave Policy....................................................................................................................................6
Key Components:....................................................................................................................................6
Summary.................................................................................................................................................6
Conclusion...................................................................................................................................................7
References...................................................................................................................................................8

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Introduction
The Family and Medical Leave Act, 1993 is protect employees for work protection and
unpaid medical leave for medical and household reasons. Pregnancy, Family soldierly leave,
Adoption, personal or family illness. Elora Jean & Co. has 124 employees in the company.
Company is facing some issues regarding time off from work as employees were increasing
rapidly day by day. This report contain provisions and recommendations regarding leave policy
(Guerin & England, 2015).

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Legal Risk
This law is applied over 50 or more workers over last 20 weeks. These workers must
work for at least 12 months and 1250 hours in last year. Before taking leave for abortion or any
serious injury, 30days notice is required (Stephens, 2015).
Employer need to post a notice on its premises containing all the applicable legal
requirements of Department of Labour. If employer fails to do so, then he would be liable for the
fine up to $110 per offence. Employer also maintain health benefits of employee, when
employee is on leave otherwise it will attract civil liability. Wilful violation of FLMA
regulations will make employer personal liable and employee can sue employer by filing civil
suit against employer (Kornfeld, 2018).

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Cases
1. Yes, she is qualified for leave but according to FMLA, she has to give 30days prior
notice to company because FLMA covers family issues. In this scenario her mother-in-
law is ill.
2. Yes, he is eligible to take unpaid leave. According to FLMA, employee can take leave for
taking care of spouse and other close relative. In this situation, employee needs leave for
6 weeks for his wife abortion.
3. No, she is not eligible for the leave as she is only 7 months old employee. According to
FLMA provision, employee should be 12 months old for leave benefits.
4. Yes, he is liable to take leave under FLMA regulations. FLMA covers leave for family
issues and military issues as well. In this scenario, he needs to take care his
granddaughter as his son is called off. But for leave approval, he should submit 30days
earlier notice to company.
Thus, in all these cases employer will certify the situation with medical tests receipts,
doctor’s prescription, etc. If employer thinks fit, he can ask for other relevant evidences.

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Leave Options
Company who have less than 50 employees will not be qualified for the leaves under
Family and Medical Leave Act. These employees were not eligible for leave according to the
provisions of Family and Medical Leave Act. These employees were eligible for the voluntary
leaves. These leaves are not required by law. These leaves were govern by the policies of
company. Criteria of these leaves were decided by agreement known as collective bargaining by
negotiating terms and conditions. Granting of leave is the discretion of company. According to
Elora Jean & Co., every employee has a 7 paid sick days per year. This 7 days is a leave policy is
a voluntary leave benefit for employees who were not included in Family and Medical Leave Act
(Malfitano, 2013).

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Sample Leave Policy
According to Family and Medical Leave Act, 1993, organisation who have more than 50
employees will be eligible for the leaves under FMLA (Earley, 2017).
Elora Jean & Co. has 124 employees including union and non-union. These all
employees were covered under FMLA.
Key Components:
- Employee should work for 1250 hours during 12 months.
- Under FMLA, leaves would be grant for abortion, taking care of spouse and other close
relatives, maternity benefits, severe disease, taking care of new born baby, etc.
- In case situation is certain, then 30days notice is required in advance.
- An employee can return to his job after an unpaid leave except those employees who
were come under 10% of highest pay scale.
- This act is not applicable on the part time employees, employees who need to take care
their elders, pets and need a routine check-ups (Arellano, 2015).
Summary
I suggest company owner to implement the leave policy according to provisions of
Family and Medical Leave Act. Elora Jean & Co. complied with the criteria of act as employees
were more than 50 in the organisation. They should acknowledge the rules and regulations of act
in the leave policy of company. Implementation of this policy lead to employee satisfaction. This
also help to maintain a uniform structure in the organisation.

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Conclusion
Family and Medical Leave Act is established for the regulation of leave criteria of
employees in an organisation. This is applicable on an organisation who has 50 or more
employees. This act is helpful to regulate leave criteria for employees. In Elora Jean & Co. there
are 147 employees who were covered under the rules and regulations of FMLA. Employees will
entitled to leave for their medical and urgent necessities. Hence, it is concluded that Elora Jean &
Co. is eligible for the enforcement of Family and Medical Leave Act.

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References
Arellano, J. (2015). Don’t Leave U.S. Behind: Problems With the Existing Family and Medical
Leave Act, and Alternatives to Help Enhance the Employee Work -Family Relationship
in the 21st Century. SAGE Open, 5(2).
Earley, L. (2017). Tracking FMLA Leave. Benefit Basics, 54(3).
Guerin, L. & England, D. (2015). The Essential Guide to Family and Medical Leave. United
States: NOLO.
Kornfeld, S. (2018). A Need Not Being Met: Providing Paid Family and Medical Leave for All
Americans. Family Court Review, 56(1).
Malfitano, M. (2013). Field Guide to the Family Medical Leave Act. Japan: Miami Daily.
Stephens, N. (2015). The Family and Medical Leave Act: Overview and policy issues. New
York: Nova Science Publisher.