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.
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. As long as Employee A has worked 1,250 hours or more during the 12 months he worked before he took leave, then he is an eligible employee. Eligible employees are allowed 12 weeks of leave during a 12-month period of time for specific medical events. One of those events is for the birth of their child; which is the situation in this case. 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.
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.
[xxii] In the LA Weight Loss case, the company was not hiring men as well as not promoting current male employees because they were male. [xxiii] Lowry’s attempted to avoid discrimination suit by claiming the hiring of only female servers was a “company tradition which affected business.”[xxiv] Both companies settled out of court for amounts over $1 million. Title VII of the Civil Rights Act of 1964 (Title VII)[xxv] prohibits discrimination in employment based on race, color, religion, sex, or national origin. Title VII applies to employers with at least 15 employees. Kent Clinic should hire new nurses based on ability, experience, and professional reference.
There is no wiggle room or special requirements that may limit an age appropriate applicant from qualifying. The Protection starts at 40 and continues from there. Since employee “B” is 68 years old, he is more than suited to fall under the Age Discrimination Act’s protection. An even bigger issue is the fact that employee “B” was a better worker than his young co-worker. A clear violation has taken place and must be corrected.
I think that the most effective argument against the approval would be that the cost of keeping the same crew is less than a senior cup of coffee a day. This would not include the penalties or fines that may be imposed for breaking a contract. One does not know if these people are single parents that could end up sleeping on the street with their children and this job is the only thing keeping this from happening. At the end of all arguments and views on this request, the bottom line is this: the rewards are not worth the risk. This applies to the moral, ethical, legal, and economical aspect of this case.
Makes it illegal to not hire people simply because they are older. _h__ 2. Some employers place this on their want ads. _g__ 3. Makes it illegal to pay people different wages if they do the same job.
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,
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,