Question

How can I present a persuasive argument as to whether the employee leave granted by the Family and Medical Leave Act (FMLA) represents an undue burden on employers required to comply with the act?

Answer 1

Two simple questions need to be asked:

1) Would the employer suffer any serious financial loss if the leave is granted?

2) Does job-protection for an employee mean a loss in working hours and thus affect production?

The FMLA act does not have a provision for an employee misusing the act for selfish personal reasons. Even if he misuses, there is no clause for his punishment. Many a times it is seen that the employees take leave under FMLA without any such issue. They take it just to avoid some undesirable shifts or due to laziness or for unannounced leaves, etc. The impact it has is that there is loss of working hors which has a direct impact of the efficiency of the company. The work which was due on him will have to be transferred on other employees, which will increase undue and unjustified burden on them The productivity is decreased. Thus it is definitely an undue burden on the employer.

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