Introduction
The priority of an organization is to ensure that it meets the rights and needs of its members fully. Apart from providing a high standard and safe working environment, the law requires that the employees receive family and medical leave, disability-related leave, fair wages, and overtime pay (England & Alcorn, 2018). These are the provisions provided in the; Fair Labor and Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Americans with Disabilities Amendments Act (ADA/ADAA). These standards are typically seen as the primary tools in ensuring that companies align their decision-making with the needs of their staff (Spalluto et al., 2018). Although the FMLA, ADA/ADAA, and the FLSA regulations have been designed to cover all the issues associated with ensuring that employees’ rights are fully met, minor incongruences between the specified regulations weaken their effect (England & Alcorn, 2018). This calls for a revisit to the current FMLA, ADA/ADAA, and the FLSA principles
Main Issues
Work leave principles and policies can be challenging to most employers. This is because of the inconsistencies existing between the provisions of FMLA, ADA/ADAA, and the FLSA. Like most American labor laws, FLSA was established to protect the American workers in aspects including the 40-hour rate per week, minimum wage provisions, and overtime payments; however, to determine who will benefit from the FLSA provisions; workers should clearly be classified as exempt or non-exempt (England & Alcorn, 2018). The FMLA, on the other hand, is unpaid and applies to the employees working in the government (federal, local, and state) as well as private organizations with a minimum of 50 employees and living within a 75-mile radius (Baird, 2021). It also requires an employee to be 100% healed before going back to work while offering an automatic termination for employees who fail to return after the leave lapses. These provisions are inconsistent with ADA because they do not give employees a chance to exercise their accommodation rights. Additionally, an employee can efficiently work when offered accommodation even when their healing is not 100%.
To remove the inequalities currently observed in the corresponding regulations. It is required that a homogenous standard concerning workplace leave and related benefits is developed. In the case of FLSA, where employers may fail to categorize employees effectively, the employer may need to deal with the labor department cordially and perform a frequent review of the employee classifications. Employers should also consider modifying the employee duties to identify which employees are exempted and which one is not (Baird, 2021). It will also help to determine the employees eligible for compensations and benefits. In the FMLA and ADA/ADAA provisions, the employer should update the job descriptions to be more straightforward. This will include; the hours making calls, sitting, or even when the workers are on their feet to help determine the required compensation (England & Alcorn, 2018). In addition, the employer should provide clear leave policies, including how much leave a worker should receive, whether it is carried over if unutilized, and if payable during the end of the year.
The department of labor should suggest FMLA paid leave as one of the premises for providing staff members with fair opportunities in the workplace and equal chances for both men and women (McCardel & Padilla, 2020). The leadership within the academia should also be aware that the trainees are eligible for the FMLA leave and the parental leave lasting up to 12 weeks (England & Alcorn, 2018). FLSA leadership should also make some amendments in categorizing the eligibility of workers. In the recent past, various groups such as home care and domestic workers have been excluded from the FLSA protections. This is because they could not categorize whether it was actual work or whether the household setting would classify a real workplace. This will ensure fairness in the application of laws in the workplace.
Solutions
Tools for effective coordination between the requirements must be put in place in the current workplace setting and the legal standards that regulate relationships between employees and employers. Although the legal laws and legislations for the FMLA, ADA/ADAA, and the FLSA provisions have come a long way in supporting the employer-employee decisions in the workplace, inequalities in implementing the provisions still exist (Schindler-Ruwisch et al., 2020). Tools such as FLSA announcements, memos, and amendments on the job descriptions affecting exempted and non-exempted employees should be provided (Department of administrative services, 2019). In cases of the FMLA, the department of labor could adopt the use of the decision trees and tracking spreadsheets to ensure the state agencies effectively administer the FMLA, ADA/ADAA, and the FLSA provisions.
Discussion
Introducing homogeneity into the current regulations should be made an essential aspect within the workplace. The organization’s stakeholders and managers should make it part of their strategic plans to avoid the lawsuits resulting from non-compliance with the labor laws. This should be done through; training employees on the effects of non-compliance of any workplace provisions and laws (Jones et al., 2018). Employers should ensure they post the policies and make efforts within the federal laws to ensure that the workers follow the required regulations. Employers should also create enough time and resources to cater to the needs of their workers as provided by the law. The employer’s legal concerns on the rules always depend on factors which include; whether their workers are categorized as employees and the number of employees they have. Whether the employers decide to hire or lease their employees, they have to interact with various labor laws and concerns.
Institutions should make it their mandate to promote equality and fairness in the workplace. Equal opportunities should be regarded as the basis for introducing homogeneity into the current regulations relating to FMLA, ADA/ADAA, and the FLSA (McMahon et al., 2020). Gender equality begins with using certain gender-neutral words such as chair instead of chairman. Inequalities between persons with disabilities should also be eliminated by determining to what extent a condition should be regarded as a disability. Persons with a disability should also be considered during appointments of leadership positions and treated typically like other employees (Spalluto et al., 2018). Various biblical scriptures support the harmonious relationship between employers, employees, and authorities. Romans 13:1(King James Version) provides that individuals should submit to the governing authorities which God appoints. The book of 1st Timothy 6:1(KJV) claims that the servants should count their masters worthy of respect and honor. Colossians 4:1(KJV) requires employers to treat employees fairly and respectfully. Ephesians 6:9 (KJV) also requires the employers to stop making threats to the employees as they also have a master and laws to follow.
The ordinary laws and policies should be amended to ensure they work in harmony; for instance, maternity complications should clearly be stated whether it is a disability or not. In addition, managers and company supervisors should be trained on the rights of individuals with disabilities since they are always the first respondents on disability clauses leave requests (Jones et al., 2018). It is also imperative that information regarding employee health relating to FMLA and ADA/ADAA be determined since collecting too many medical records from workers could violate several labor laws. Employers should also engage employees when choosing the impairment or disability that affects proper job functions. In addition, they should assess the kind of accommodation to be adopted by the employer. (National Network, 2021). Finally, eligibility criteria must be revisited to ensure that the current FMLA, ADA/ADAA, and the FLSA regulations are coordinated and represent a cohesive framework for addressing the issues of workplace leave.
Conclusion
Overall, the current FMLA, ADA/ADAA, and the FLSA standards suffer from a lack of cohesion; therefore, providing homogenous standards for their application in the workplace is imperative. Employers should deal with the labor department cordially and frequently review the employee classifications. They should also consider modifying the employee duties to identify which employees will receive compensations and benefits. The FMLA and ADA/ADAA, and FLSA provisions, should be amended by making the available job descriptions clearer to make it easier when determining which laws affect which job groups and the workers to be compensated. This is because some provisions in FMLA, ADA/ADAA, and FLSA do not complement each other. For example, it is essential to determine how much employee information relating to their health is required since collecting lots of medical records from workers could violate various labor laws. Employers should engage employees in determining the amount of disability that could affect proper job functions and the kind of accommodation the employer should consider. Revising the employee eligibility criteria is essential to ensure these laws work together in addressing workplace issues.
References
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