The Forgotten Public Policies Behind the Family and Medical Leave Act: Burden of Proof Structures Placing Unnecessary Burdens on Employees' Statutory Entitlement

Since Congress passed the FMLA in 1993, there has been confusion in the courts on how to address an employee's claim that he was punished for exercising his FMLA rights.Different approaches to the FMLA and work-family issues have developed in recent years.Part I.A addresses the policies behind the FMLA and Congress's goals in providing minimum leave and job security.Part I.B discusses the various approaches the federal courts use to address FMLA claims.Part I.C examines how the FMLA and work-family leave issues are addressed both as common law tort claims and in arbitration.A. Why Congress Passed the FMLA: The Policies Behind the Act Congress passed the FMLA in an attempt to address the difficulty workers encountered when trying to balance workplace and family needs.27 The FMLA provides job security to employees who must be 2005