To determine if a violation has occurred it is best to go over the circumstances surrounding the case. The Case in question is about a man who requested leave because his wife was having twins ahead of schedule. The act does state that within a year of a child’s birth an employee can take off time to take care of a child (USDL, n.d). So because the time falls within a one year period employee “A” is justified in his use of the Family and Medical leave act. To further support this would be the length of time he has been with the company.
First let me report about situation A in which employee A had a leave of absence for 11 weeks to be at home with his spouse who just gave birth to premature twins. Well, it is shown that he wanted to return to work with the same position and he also had a request for pay while he was on leave. In this situation it is found that he has a right by the Family and Medical Leave Act of 1993 to have a leave of absence from employment for up to 12 weeks each year for situations such as childbirth, adoption, or medical emergencies for himself or his family regardless of sex, that is, this act applies to both men and women; but the down side is that it is only an unpaid leave of absence that he is entitled to. So in this situation A employee A is entitled,
I was fully released from bed rest when I was about six months into my pregnancy. I was laid off a week after that for performance. Never had a problem the three years before the pregnancy, now all of sudden I had performance issues. I left quietly because I knew that getting upset would only harm my baby. I began to look for jobs immediately.
Situation A The Family and Medical Leave Act was created in 1993 to allow qualifying employees to take an unpaid leave of absence for up to 12 weeks from their jobs for certain medical or family reasons. Those reasons are: the birth and care of a newborn child, adoption or foster care, to care for a spouse, child, or parent with a serious health condition, if the employee is unable to work due to a serious medical condition. For an employee to be eligible they must have worked more than 1250 hours in the 12 months of employment with the company and the company must employ 50 or more employees within 75 miles. A change to the Act in 2009 also allows military family leave as well. Company X has 75 employees which meets the 50 minimum employee statutes.
Because of unfair labor practices in the workplace and because of prompting from supporters of family rights, former President Bill Clinton signed FMLA into law in 1993. According to the FMLA act employers allow their employees up to 12 weeks of unpaid leave in any 12-month period without losing their job. The leave must be taken for covered reasons such as adoption or birth of a new baby, serious illness of the employee, or serious illness of a member of the employee's immediate family. Immediate family includes the employee's spouse, child, or parent. Under the FMLA, an employer must either retain the employee's job, or provide another position that has the same responsibilities and pay.
And after a year she took early retirement. This is not a good way to retire and her life will never be the same .A study was done showing that by increasing nurse staffing by one additional RN per patient-day would avoid seven cases of hospital-acquired pneumonia in ICU patients, and less risk for development of late-onset ventilator associated pneumonia. (Penoyer, 2010, pg.1525) In my area of specialty postpartum unit, three years ago we were assigned five couplets that mean charting on ten patients. Since AWHONN reviewed this unsafe practice we are now assigned three couplets. Let’s not forget we are charting on six patient mother and baby.
It is also unlawful to discriminate against persons with disabilities. In Situation A an employee has been at a company for two years and his spouse has given birth to twins prematurely. As he knew his wife was pregnant he had requested his leave 30 days or more prior to the birth and
As this process went on for seven months none were successful. Her last treatment she became pregnant again. Hoping her dad would live long enough, after being diagnosed with cancer, to see his grandaughter born. The baby was born healthy, but with the umbilical cord wrapped around her neck. Brooke had a hard time recovering with significant blood loss.
Family and Medical Leave Act (FMLA) According to United States Department of Labor (n.d.), “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” Eligible employees are entitled to twelve workweeks of leave in a 12-month period for the birth of a child and to care for the newborn child or adopted child. To care for a child, spouse, parent or a serious health condition that makes employee unable to perform the essential functions of his or her job. The Civil Right Act of 1964 This act, signed into law by President Lyndon Johnson on July 2, 1964, prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. This document was the most sweeping civil rights legislation since Reconstruction. This act protects the right of the employees and under this act the employers cannot discriminate the individuals on the basis of religion, sex, color, race,
Chuck thought he could by some time having a DNA test done on both our children, all he really did was piss off the judge. “So Mr. Dancy it appears Chris and Katherine do belong to you, therefore you will pay 780.00 a month for child support, any questions?” I had no questions, and was thrilled I would receive support until the divorce at least became final. It was clear he wanted to fight, but was running out of ammunition. Little did I know life as I knew it would be changing, due to his next claim of drug abuse? Eyes starting to tear up, hands beginning to shake, I looked at Chuck as he was exiting the court with someone I never seen