Term Paper on "United States Marine Corps"

Term Paper 4 pages (1381 words) Sources: 3

[EXCERPT] . . . .

United States Marine Corps

Marine Corps

Workplace laws are established to protect the rights of the worker. Those in the military may have different responsibilities than civilians. Being part of the military is much different than what is considered a regular job because members of the armed services are charged with serving and protecting our country. This means that there are different dynamics associated with these jobs and at times, those employed in the military may be at more risk than others. Because of the nature of their jobs, women and men in the military are often deployed at a short moment's notice and must also at times be stationed in countries other than the United States. The Family and Medical Leave Act (FMLA) of 1993 and the Occupational Safety and Health Act (OSHA) of 1970 were both established to protect workers and their right to take a leave of absence from work should the need arise as well as the right to safety on the job. These laws apply not only to civilians, but to military employees also.

The Family and Medical Leave Act (FMLA) was established so that workers could take a leave of absence for such situations as the birth of a child or caring for elderly parents. The law states that employers with fifty or more workers must offer employees up to 12 weeks of unpaid leave without the threat of losing their jobs. During this time of leave, employers are required to maintain the employees insurance if it falls under a group health plan. Employers risk being sued if they attempt to discourage an employee from exercising his right to FMLA (Baird and Reynolds 2004).

In 2009, President Obama signed the National Defense Authorization Act (NDAA) which expands on coverage under the current FMLA. The NDAA provides an extended leave of absence to the family member of the military employee who is deployed to a foreign country. It provides for a family member to take up to twenty six weeks within a twelve month period to care for a military employee who is recuperating from an injury suffered while on military duty in that foreign country (www.envoynews.com). This is an important addition to the existing FMLA laws because original law did not account for this.

This is an important step because those that serve and protect our country are oftentimes forgotten once they return home. They may suffer mental or physical injuries or both and may require constant care. Most do not have the luxury of having a private in home healthcare professional. They must rely on a family member to assist them while they recuperate. The amendment to the FMLA for military employees allows for not only the spouse or parents to care for the individual, but also the children (if capable) are allowed to take advantage of the leave without fear of losing their jobs. Without the NDAA, recuperating military employees may involuntarily put their family members under unnecessary stress as well as financial hardship trying to figure out caregiver options.

Many civilian employers are not aware of this amendment. They may be aware of the FMLA as it applies to their employees, but have no knowledge of the NDAA and how it may apply to any of their employees having a close family member in the military. Although it is the employer's responsibility to keep abreast of any and every law that affects its employees, it might be a good idea for the employee to let the employer know that there is a possibility that they may need to make use of this law. This way, there are no surprises and things such as job coverage can be worked out ahead of time. Once all parties are informed, if the employee should need to take advantage of the amendment there will be no surprises and the transition should be smooth.

The Occupational Health and Safety Act was established in 1970 to protect workers from health and safety hazards on the job (www.osha.gov). This not only applies to civilian workplaces, but military bases as well. Most are not aware that military bases employ… READ MORE

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