Employee A meets the qualifications to take a family leave of absence. The company followed the guidelines by allowing him to take the leave of absence and he has returned to work prior to the 12 week maximum leave period. The company is not required to pay an employee for this leave of absence. However, the company is required to return the employee at the same level of skill and pay and with benefits intact. Situation B The Age Discrimination in Employment Act of 1967 was created to protect employees and applicants over the age of 40 from discrimination based on age.
Western Governors University LIT1: Task 310.1.5-02, 11, 13 Situation A: The FMLA (Family and Medical Leave Act of 1993) allows for eligible employees of covered employers to take an unpaid, job-protected leave and allow for continuation of their group health insurance coverage. This job-protected leave is provided so that employees can tend to the needs of immediate family. Covered employers are those employers that have 50 or more employees working for them. In this case, Company X would be a covered employer. Eligible employees are those employees that have worked for the company for 12 months or longer and have also worked at least 1,250 hours during that 12 month period of employment.
In years past, the production team has only worked Monday through Friday and were not required to work weekends. In this new rotation there will be some days that fall on a religious holy day, (Sunday in this case) and each production worker is required to work this new rotation, including Sundays. Mr. Bowers voluntarily terminated his position before this new policy was implemented. Following his voluntary termination, Mr. Bowers is now claiming a constructive discharge. This is an element of Title VII to help employees protect themselves against termination due to discrimination A constructive discharge is defined as when the working conditions for the employee
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.
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.
However the employee needs to have continuous health insurance. Allows an employee, twenty-six workweeks of leave during a single 12-month period to care for and tend to a serious injury or illness with a leave of absence. This act is designed to help employees balance their work and family responsibilities. Sex, Age, Gender, Religion, Medical History Privacy Act of 1974 The act helps to insure individuals are protected and their information is not share with third parties. Like social security numbers, date of birth, address etc.
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,
Situation A As per the regulations of the family medical leave act of 1993, hereto referred as FMLA, employee A is allowed to take up to twelve weeks of unpaid leave for family medical issues such as been presented in this situation. Therefore, employee A is well within his rights to have taken leave for the past eleven weeks to care for his children. Although there is no statute that would require company x to pay the withheld salary accrued during employee A’s leave, as FMLA is defined as unpaid leave. The manager has taken the correct action in this situation as there is no violation of the FMLA act. Situation B The Age Discrimination in Employment Act of 1967 forbids any discrimination in employment for any person 40 years old or
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,
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.