Lit1 Task 310.1.5

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LIT1 Task 310.1.5-02, 11, 13 Andrea Tyree #000389702 Western Governors University MEMO TO: Mr. F. K. Guy Senior Vice President of Operations Imaginary, Inc. FROM: Andrea Tyree Director of Human Resources DATE: September 21, 2014 SUBJECT: Employment and Labor status of: 1. T. W. Poppy – Family and Medical Leave Act (FMLA) 2. O. L. Manning – Age Discrimination in Employment Act (ADEA) 3. W. C. Settles – Americans with Disabilities Act (ADA) Upon careful review of Labor and Employment Law regarding above-referenced employees, Human Resources have come to situational results regarding each. Our findings are as follows: 1. T. W. Poppy, Paternity Leave– Due to the premature birth of twins, Mr. Poppy requested and was granted 12 weeks leave to be with his spouse. After 11 weeks Mr. Poppy has asked to return to work and be paid the withheld salary from his 11-week leave. According to the Family and Medical Leave Act of 1993 (FMLA), subject to section 103, an eligible employee shall be entitled to a total of 12 work weeks of leave during any 12-month period because of the birth of a son or daughter of the employee and in order to care for such son or daughter . Since we have over 75 employees, we must comply with FMLA. Mr. Poppy qualifies for FMLA, as he has been employed with us for over 12 months and he has worked more than 1250 hours. Although he is permitted to take up to 12 week off of unpaid leave and enabled to return to work a week earlier than anticipated, withheld salary is denied for the 11 weeks leave taken. All of our obligations have been met, so no violations have occurred. Although, he only took 11 weeks leave by his choice, we provided him the ability to take 12 unpaid if desired. Mr. Poppy has also, been returned to the same position at the same rate, even though we only have to provide him to a position with

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