Abstract
Purpose. The purpose of the study was to examine the implementation and enforcement efforts of the FMLA as put into effect by the Department of Labor. Theoretical framework. The theoretical framework for this study was based: on theory of regulatory capture, which is supported by the program evaluation analysis; decision-making theory which is based on the manner in which management and DOL enforce and implement the FMLA; social equity theory which emphasizes equality in the workplace and prevents discrimination; and human relations theory which contains motivational aspects of the language of the FMLA regulation while improving and satisfying the basic needs of an employee. Methodology. This study's methodology was a qualitative content analysis document review of FMLA. This technique was used to analyze and determine patterns and themes that need to be identified in order to discover FMLA regulation implementation and enforcement deficiencies of the reviewed litigated cases with decisions. A content analysis document review was utilized to assess the Family Medical Leave Act's implementation and enforcement process, as this process is revealed through litigated FMLA cases. Findings and conclusion. The research completed during this content analysis revealed key problematic issues of FMLA that lead to misinterpretation, noncompliance, and, ultimately, litigation. The research found not only that employers and employees are misinterpreting the FMLA's intent but also that courts at all levels have had their share of interpretations, which appear to differ or contradict regulatory intent. Recommendations. Revisions to the FMLA are needed. The only preventive measure that can be taken in relation to FMLA compliance is in the education and outreach stages that must be promoted by DOL in the private and public sectors to prevent and control misinterpretations of future implementation and enforcement of the FMLA. The EEOC's enforcement strategy, which has resulted in minimal litigation, should be examined as a remedy to the numerous litigations as DOL enforces FMLA.