Fed Study Finds Family Medical Leave
Law Doesn't Help in Cases of Chronic Disease 08-08-2006
- By Ann F. Kiernan and Rita Risser, Attorneys at Law

Most of us probably know people who have a chronic disease that affects their daily lives. They have good days and bad days. We feel compassion for them, and wonder how they survive. Some continue to work. Others are disabled but their primary care givers continue to work outside the home. They need family medical leave. But unlike a pregnancy or corrective surgery that has a scheduled duration, chronic disease requires intermittent leave, sometimes with no advance notice.

Most of us are also employers, and we need workers who are dependable. We need the work to get done. Our hearts go out to them, but business is business.

According to a June, 2007, study by U.S. Department of Labor (DOL), chronic disease cases have caused the largest number of problems under the Family Medical Leave Act (FMLA). Time-sensitive industries such as transportation, health care, and telecommunications have been affected the most.

Reflecting on 14 years of experience with the FMLA, the study found that in the majority of cases, the law protected employees as intended. Comments from more than 15,000 employees and employers agreed that the law is working well when workers take time off for the birth or adoption of a child and when workers need a block of foreseeable leave for serious health conditions.

The report (available in full here and in summary here), also pointed out that, "Increasing employee and employer awareness of FMLA rights and responsibilities continues to be a challenge." Employees often don't understand when they are entitled to or eligible for leave, think they should have more than 12 weeks of leave, or that leave should be paid. Managers are sometimes baffled by the notice and certification process, frustrated with intermittent leave, or petrified of terminating anyone who takes FMLA leave for fear of a lawsuit.

What this means to you: Under federal law, supervisors can be personally liable for FMLA violations! Protect yourself, your employees and your organization by learning about intermittent leave and other FMLA issues in our program, Managing within the Law, Part II.

 

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.