Problem Exists 6

Running head: Problem Exists

Problem Exists 6


Dottie Whitted

Week 5 Assignment: Persuasive paper part 1: Problem Exists

Professor Murray Jackson


The problems and possible solutions associated with ‘The Family Medical Leave Act, [FMLA]

In the year 1993, the US congress enacted ‘The family Medical Leave Act’ without putting enough consideration into place. Consequently, the act has a crop of problems that need not only researched and evidence-based solution but legal and holistically a binding. The most overarching ones have the economic and social implications. Therefore, the US labor sector need to get feasible and lasting solution to this. Yes, American workforce need medical leave, but this leave should not work t the disadvantage of either the employer or the employees.

Problem one.

According to,Armenia, Gerstel, and Wing, (2014the Family Medical Leave Act was enacted and left at total discretion of the employer or the employees; the employer as in most cases, can easily refuse to grant the permission or withhold the three months’ pay leaving the employee to suffer financially during the period as the act has no legal biding on payment aspects. The act also does not cater for even housing allowances. Contrary, the employees may leave their place of work at the hour of need leaving the organization to suffer the related losses. To fix this problem, the Family Medical Leave Act should be amended to provide the legal framework of implementation. As a result, the unpredictable and possible financial constraints that come with the three months leave can be waved away. The employer too will be cautioned from sporadic effects associated with FMLA.

Problem two

Loss of employment and tiresome legal battles in labor courts is another problem emanating from the act. Most of the employers have not come to term with the provisions of FMLA and aligned their operation. Whenever, the employers feel hard pressed to let employees go on leave, they may opt to fire the staff or make new recruitments behind the employees hence leading to loss of employment and unwarranted legal battles. A lot of resources and time I spend on this counterproductive antagonism that need not to be.

The policy and law makers, [Wisensale,2015).should therefore carryout multi sectoral consultation and allow all the relevant stakeholders to give their opinions in order to harmonize the situation. Alternatively, the policy and law enforcement department should be vigil on common cases of the voiceless and helpless employees who loss their jobs and cases covered under carpets.

Problem three.

However, ‘The Family Medical Leave Act is discriminatory as it does not cover all employees like for example laborer’s. millions of domestic workers have been left out, Wisen,sale, (2015). The Family Medical Leave Act has also led to gender-based discrimination in terms of jobs. Twenty thousand women have been denied entry into military and discipline forces. Over eight thousand private companies have failed to employ women on the bases of the Act. Many government parastatals operate silently under the same duress of fear taking women because of the associated maternity, and normal annual leave and now the FMLA leave. Additionally, some of the legal conditions under which the employees can ask for leave are not rationale to most employers like for example a close relative joining military. The act seems to have been crafted in favor of men. The act therefore paints a contrary picture on the US provisions on gender and equality or the two third gender rule. This should not be the case as both American women and men deserve equal chances to employment opportunities and professions. The conditions need to revisited and only the viable ones left for the good of employers as well as national economy.

In a nut shell, there is need to fill the gap between the missing links. The employers should not leave not leave employees to under financial constraints during the Family Medical leave periods. The employees should sometimes be willing to sacrifice their comfort for the good of the employer. The loss of jobs and reprimanding of employees because of forced FML leave is consequential and the law enforcement division should be more vigilant. Gender based employment discrimination resulting from phobia of the provision is scourge which has to be eliminated. Nevertheless, the scope of the Family medical Leave Act should be expanded to accommodate informal sector as well increasing its provisions benefits to house allowances and stipends. I believe with proper understanding and necessary actions in place the Family Medical Leave Act will serve more good to American labor force than its is today.

The table below gives a draft of the problems and solutions associated with the Family Medical Leave Act, FMLA.

problemFinancial constraints to the employeesLoss of employmentWomen discrimination on employment opportunities
SolutionAmendment of the act to accommodate other benefits, punitive fines to non-compliant with the act.Multisectoral consultation and agreement.More research on the FMLA provisionReview of the act,Generalizing the scope of the provision to all labor sectors



Armenia, A., Gerstel, N., & Wing, C. (2014). Workplace compliance with the law: The case of the Family and Medical Leave Act. Work and Occupations, 41(3), 277-304.

Wisensale, S. K. (2015). Family Leave Policy: The Political Economy of Work and Family in America: The Political Economy of Work and Family in America. Routledge.

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