FMLA (Family Medical Leave Act) is a United States federal law requiring covered employers to provide employees job-protected unpaid leave for qualified medical and family reasons. These reasons include personal or family illness, military service, family military leave, pregnancy, adoption, or the foster care placement of a child. The FMLA is administered by the Wage and Hour Division of the United States Department of Labor. The FMLA has a positive impact on the workplace. It gives employees the assurance that they will still have their job if someone in their family gets terminally ill or if for any medical reason the employee has to temporarily leave their employment to take care of someone or themselves. This Act can also allow employees to abuse their leave like the plaintiff in this case. When you take advantage of something it backfires. The root of the problem in the Raybestos Products case is that the plaintiff abused the FMLA, by taking advantage of her medical problem and the act for her own personal use. But in the end she did not do herself any justice because she was not getting paid for those days she took off and that affected the company because they had to have someone else do her job while she was out by either hiring a temp or giving an extra shift to another employee. So that actually caused the company to spend more money. The plaintiff was protected by law for the company to not replace the plaintiff with hiring someone in her place. After reading the Raybestos case, the term “Honesty is the best policy” comes to mind. Because the plaintiff made it bad for the other employees the actually have medical issues or that have family members that have medical issues. The company may now be watching their employees a bit closer than normal.
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