LIT1 Task 1 Dennis Marceaux 07/10/2015 Situation A Family Medical Leave Act (FMLA) of 1993: The purpose of the FMLA is to allow employees up to 12 wks. per yr. of unpaid leave for the purpose of managing personal/family issues without negative company recourse. The employee requirements are that he/she must be a full time employee (>24hrs/wk. ), with at least 1 year of service and more than 1250 worked hours from the prior year. Companies with at least 50 employees in a 75 mile radius are required to adhere to the law.
The Family and Medical Leave Act (FMLA), which was passed in 1993, allows an eligible employee to take off up to twelve work weeks in any twelve month period for the birth or adoption of a child, to care for a family member who is suffering from a sever illness, or if the employee themselves has the serious illness. An employer must allow for their employees to take this twelve month unpaid leave if they employ fifty or more employees within 75 miles of the worksite. An employee is considered eligible for this twelve month unpaid leave if they have been employed by the employer for at least twelve months and worked at least 1,250 hours. In order to be able to take the twelve month leave, the employee must give their employer at least a
NADC continues to provide health insurance benefits for the full term of any jury duty absence. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may accommodate their absence. Employees are expected to report back to work as soon as court schedules Bereavement Leave North American Dismantling Corp. Page 70 of 70 Rev 0; February 10, 2015 NADC recognizes that the loss of an immediate family member is a difficult time and grants regular full-time employees up to three (3) consecutive days of paid leave upon the death of an immediate family member. Immediate family members include the employee’s spouse, parent or stepparent, parents-in-law, child, or sibling.
LIT 1 Business Law 310.1.5-02,11,13 According to the Family Medical Leave Act of 1993, an employee can take up to 12 weeks of unpaid leave. The employee can take this leave to take care of medical, personal, or military issues. This bill was signed by President Bill Clinton in February 1993. In order to qualify under the FMLA, the employee must work for a company with 75 or more employees. The employee must also have worked for at least 12 months and 1250 hours during the 12 months.
The employee has an above average rating; therefore, it cannot be argued that his age is affecting his quality of work. Nothing to suggests that his work does not meet the standards of the company. This is an example of why the Age Discrimination Act of 1967 is so important and necessary. This given situation is an obvious violation of the Act. The employee is over 40 years old and was denied a promotion due to his age.
In an article written by David Crary for the Huffington Post, “at least 178 countries have national laws guaranteeing paid leave for new mothers, while the handful of exceptions include the U.S., Swaziland and Papua New Guinea. More than 50 nations, including most Western countries, also guarantee paid leave for new fathers.” The United States Department of Labor reports that under the Family and Medical Leave Act that “employees are eligible for up to 12 weeks of unpaid leave per year” and that, “Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or
The manager was in the right in this situation since Employee A was out for 11 weeks without pay. Situation B. Situation B is applicable to The Age Discrimination in Employment Act (ADEA) because: The ADEA states that an employer cannot discriminate against someone’s age unless “age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business, or where the differentiation is based on reasonable factors other than age”( 29 usc § 623). A person over the age of 40 is protected by this act. The Age Discrimination in Employment Act was violated in Situation B for the following reason: According to the information given Employee B was denied because they are 68 years old and for no other reason.
In a spend-down program, individuals are required to spend a portion of their income or resources on health care until they reach or drop below the income level specified by the state. The concept is similar to an annual deductible, except that it resets at the beginning of every month. Each month, the enrollee pays a portion of incurred medical bills, up to a certain amount, before the Medicaid fee schedule takes effect and Medicaid takes over payments. For example, a patient who has a $100 spend-down visits the physician on March 3 and is billed $75. The patient is responsible for paying the entire $75.
The starting salary for a full time physical therapist averages about $755 weekly. The middle fifty- percent earns between $577 and $1055 a week. The top ten percent earn at least $1294 and the bottom ten- percent earns less than $400 a week. According to the American Physical Therapy Association's survey of physical therapists practicing in hospital settings, the average annual base salary of a full-time physical therapist is $48,000. The middle fifty- percent earns between $42,000 and $57,000.
A months paternity leave at half his pay Mr. Pritchard is also willing to explore the options of flexi time. According to South African labour legislation there is no specific provision dealing with the issue of paternity leave, there is however a provision known as Family responsibility leave which is used by employees to access leave once their children are born. Family responsibility leave can be found in section 27 of the Basic Conditions of Employment act. For an employee to qualify for Family responsibility leave they must have been employed for at least four months; must work at least four days a week and work 24 hours a month for the same employer. Subsection 27(2)(a) stipulates that an employee is entitled to three days family responsibility leave during each cycle of twelve months of employment when his or her child is born.