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Fmla, Fair For Employees, Unfair For Companies

FMLA, fair for employees, unfair for companies
Family Medical Leave Act has become a very important issue due to employees and Companies during the last decades. Is it fair or unfair for employees to have a job back after a serious medical situation? Or is it fair or unfair for Companies to grant this benefit to employees? It seems that the majority of people consider that is totally fair for employees to have their jobs back after this circumstance. On the other hand, companies or any job place consider that this affirmation can be denied because it affects them from a financial point of view. As a result, both cases will be properly explained and a conclusion will be made.
To begin, we can define FMLA as a benefit for covered employees in a job place. What is a covered employee? These are workers that have been performing their job during a period of not less than 12 months in a work place that employs 50 or more people. According to U.S Department of Labor, FMLA involves giving a concession of up to 12 workweeks of unpaid leave during any 12 month period to these employees if one of these circumstances appears performing a job: i) for the birth or care and care of a newborn child. ii) for placement with the employee of a son or daughter for adoption. iii) to take care of a direct family member (spouse, parent or child). iv) not able to perform the job because of a serious health condition.

Gerstein 2
These workers must have their same position back or an equivalent having: the same benefits, salary, status and all the conditions previous to the leave. Also during the time the person is not working he/she is allowed to use their health coverage. Also I want to state that one of the requirements for the employees to have this benefit is to inform their superiors about FMLA not less than 30 days before it will happen. Is this fair? I believe is totally fair because the majority of people will have a...

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