THE FMLA AT 5 YEARS - THE COURTS STRUGGLE TO DEFINE THE PARAMETERS

The FMLA was enacted five years ago largely as a response to the chang ing demographics of American society. With more parents working outsid e the home, and a growing elderly population more dependent on their c hildren, employees increasingly need assurances of job security during those times they must leave work! to care for themselves or their fam ilies. Although the statute strives to balance the needs of employees with the competing demands of the employers, conflicts between the two have inevitably arisen. A considerable body of case law has developed , in which courts have attempted to apply the FMLA to the realities of the workplace. This article examines the case law developments since the FMLA's inception focusing on a number of areas that must frequentl y be confronted by the employer. The article also addresses the impact of these emerging trends on the employer's ability to implement the g oals of the FMLA.