Employee A is allowed the 11 weeks of leave that he was approved for; however, there is not a requirement to pay the withheld salary. The FMLA says that the leave of absence is an unpaid leave. The new manager was correct to return Employee A to his previous job at his previous rate of pay, as required per FMLA. The manager was also correct in denying the request for withholding salary as this is not required by the FMLA. No violation has occurred in this situation.
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.
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.
Situation A The Family and Medical Leave Act of 1993, or FMLA, was signed into law to provide eligible employees of covered employers unpaid leave that provides for job-protection once the eligible employee returns to work.1 The leave is for specific family and medically-based leave reasons, and allows for continued group healthcare during the extent of the leave. Under the FMLA, eligible employees are allowed up to twelve weeks of leave for the following circumstances, although not exhaustive: childbirth and to provide care for that child within one year of the date of birth; to provide care for a spouse, child, or parent with a serious health condition; and for an employee who has a significant health condition that affects the employee’s ability to perform the essential aspects of his or her job.1 Additional requirements that are pertinent to this situation include that the employee has been an employee of the company for at least the preceding twelve months, has at least 1,250 hours on the job during this time period, and that the employee is employed at a location where there are at least fifty employees within seventy-five miles of the employee’s job location.2 The employee in this situation had requested the leave because of his wife giving birth to premature twins, of which the employer granted the leave to the employee. Given the fact that Company X has over 75 employees they fall under the umbrella of the requirements of the FMLA in regards to company size. Additionally, the reason given for the leave is also encompassed by FMLA. However, with this being said, Company X is not required to pay the employee during the time he was out on leave, as the FMLA stipulates that the leave be unpaid.
The goal was to accomplish six consecutive months of my short-term goal; upon completion of my intermediate goal I gave myself a one-month break allowing me to “treat myself”. My goal had a time frame, it was specific, measurable, and based off my financial ability it was attainable. Goal setting techniques can be applied to all areas of your life. To set your goals up to be successful apply the five characteristic of a SMART goal, keep your goals Specific, Measurable, Attainable, Realistic and Timely. Doing this, will not only keep you motivated and committed, but will prepare you in accomplishing your
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
http://www.merriam-webster.com/dictionary/ageism • What is the Age Discriminitation in Employment Act (ADEA)? How does the ADEA address issues for the aging population? The ADEA is a federal law that prohibits age discrimination by employers with more than 20 employees that are over the age of 40, It also protects workers that are 40 years and older from being fired and then being replaced by someone that is younger in age. But it also works the other way around as if an older person was hired in place of a younger employee. Even with the ADEA in place all age groups are still fighting for their rights.
Second Writing Assignment Shawn Naylor Donald Cowart Rejects Treatment (pg. 3-6) After reading Donald (Dax) Cowart Rejects Treatment – and Is Ignored, there are some clearly visible ethical issues within this case. Donald was a 25 year old college graduate who served our country and sadly felt as if he was betrayed. He was in top physical condition and was working with his father at the time of the incident; there was nothing that he could do in order to escape that terrible tragedy. The major ethical issue was that Donald was not allowed his own decisions to be carried out.
During an annual review the employee was given a “above average” work rate in his department and another employee, who is younger, 32 years old received a performance review of “adequate”. Although the first employee was given a higher rating in performance he was past up for a promotion due to his age. The Age Discrimination in Employment Act of 1967 was set in place to protect individuals who are 40 years of age or older from employment discrimination based solely on age. This act made it unlawful for an employer to discriminate against a worker because of their age in typical conditions of employment like interviewing, hiring, compensating, discipline, terminating, and promoting. The company violated the Age Discrimination in Employment Act by promoting one employee over another simply because one was younger than the other.
Ageism is one form of discrimination against age; it affects the young and old. The term ageism was named by Robert Neil Butler in 1969 and was coined to describe the discrimination against the elderly and modeled after sexism and racism. One obstacle that older people face is that they are not given an equal chance for paid employment. In corporate downsizings and mergers, the first to go are the older workers, even though it is now illegal to force retirement. In job seeking, older workers are viewed as posing liabilities, it is also a concern that they won’t know how to work the new office equipment such as computers or that their experience in the workplace is just too outdated.