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.
Labor and Employment Laws Labor and Employment laws were made to help protect the working citizens of America. These helpful laws address issues such as family and medical leaves of absence, age discrimination in employment, and discrimination toward Americans with disabilities. Having these laws means that, employers no longer can deny eligible employees from taking leaves of absence. No longer can employers deny employment and promotion due to age. It is also unlawful to discriminate against persons with disabilities.
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.
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,
The children happen to be staying with their mother throughout the separation, and they are now with their father for the weekend. Since he doesn’t get to see them that often now, he decides to take a day to spend completely with the children and go on a little trip. The father does this because he "wanted to know how they were, is all" (Hempel 1202). They seemed to be doing great on their own, but he just wanted to make sure. During the trip, the father realizes that there is a lot of hostility between the kids.
“Conducts which violates the NLRA are: “threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected activity; threatening to close plants if employees chose union representation; questioning employees about their union sympathies or activities in circumstances that tend to interfere” (Azira, 2008). “Union membership has steadily declined while worker job security and compensation has also declined” (Azira, 2008). “The NLRA is an ideal law to protect workers for large manufacturers where unions could represent a great numbers of workers at varying levels in the company” (Azria, 2008). Also many Americans consider themselves as part of the middle class and union membership may be viewed as part of the lower or working-class. Employers often time try to come in between the workers and the union to make the workers not want to partake in the activities of a union.
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.
Yes the draft is a scary word to hear, but it is a way of protecting our country and loved ones. Nobody wants to go to war, but the depending of service cannot only fall on volunteers. The draft may not be fair but what can we do. When someone gets drafted they should see it as a blessing because they are going to be part of a war and will be honored with respect. Most people will not agree to go and rather be stuck in prison or pay a huge fee.
John must also take into consideration that just because his complaint is going ot court, that doesn’t mean that he will automatically win the case. “The Constitution says the government may not “deny to any person … the equal protection of the laws.” Public employees can bring job bias lawsuits that claim constitutional violations. Lawyers say only a handful of public employees have won such claims, which have been filed with increasing frequency” (Savage, 2008).