LIT1 Legal Issues for Business Organizations TASK 2: Labor and Employment Law September 17, 2014 ATTN: Requestor, SVP of Ops SUBJ: Compliance Review; Report of Findings Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below. ------------------------------------------------- SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical …show more content…
| The employee is covered for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. The company is not required to cover any salary not owed or granted to the employee at the time leave is approved. | The manager who approved the leave was no longer employed with the company when the employee returned to work. | FMLA guidelines are irrelevant to this fact. | The manager approved the leave and did not grant any pay for the duration of the employee’s leave. | The current manager reinstated employee to his position, but denied payment for the entire leave. | An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return. | The manager followed the guidelines set by the Family Medical Leave Act of 1993. Paid leave was not granted at the time notice of eligibility was given by the previous manager, and the company is not required to cover the unpaid time. | SUMMARY OF FINDINGS | The company is covered under the Family Medical Leave Act of 1993. The employee was eligible for unpaid leave, gave notice, and was granted unpaid time off. The employee was reinstated to the same position upon return to work with the same salary.THE COMPANY DID NOT VIOLATE THE FAMILY MEDICAL LEAVE ACT OF 1993. | SITUATION B FACTS OF CASE: | ADEA GUIDELINES: | RELATION OF FACTS: | Employee is 68 years old
You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.
This leave entitles employees to a 12 week unpaid leave within a 12 month period. It is 26 weeks for service men and women and their families. There are several components of this law that pertain to the number of employees, location of employees and the amount of time an employee has at their place of employment. Some employers may require you to use any accrued sick time, personal days or vacation time before the unpaid period
Stephen can start by acknowledging that an error was made in terminating Belinda’s position, and should contact the human resources office immediately to rectify the situation. The rationale that justifies this answer is the state and federal laws regarding the employment, termination, and sick leave. The Family and Medical Leave Act (FMLA) that was established in 1993 protect employees from wrongful termination; it establishes the right of employees to strike a balance between their work life and their personal life. The FMLA allows employees to get unpaid time off from work to take care of their sick family members, and take a leave of absence in the event of a serious medical condition. Additionally, according to the FMLA, employers are required to reinstate the employee to his or her original position or equivalent upon the completion of the leave of absence (US Department of Labor, n.d).
The company in which employee A works for is considered a covered employer because the company employs more than fifty employees for which is assumed for more than twenty weeks each year. Employee A has worked for the covered employer for two years, which makes him a covered employee based on the given information. Employee A was not required to give advanced notice due to the unforeseen circumstances of the premature birth. Upon employee A’s return, he was given his original job back along with the same rate of pay. Since employee A took leave under the FMLA, his leave is considered unpaid and the eleven weeks of pay are not required to be given to the employee. In the case of employee A, no violation has been committed.
The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:
The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.
An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
Employees are expected to return to work immediately upon release by a health care provider or at the expiration of the approved leave of absence. At the end of the leave, the employee will be reinstated to the same or an equivalent position. If the employee does not return to work upon release by a health care provider or at the expiration of the approved leave of absence, the employee will be considered to be absent without authorized leave and subject to disciplinary action, up to and including termination. An employee who has been released by a health care provider to return to work and fails to return to his/her employment may be held responsible for costs incurred by the County
The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical
The Family and Medical Aid Act (FLMA), of 1993, provides for 12 weeks of unpaid, job protected leave for certain specified events (8). Whilst one could refer to this as maternity or paternity leave if taken because of a pregnancy, this would not be strictly true. Where maternity and paternity leave are offered around the
Steven does not qualified to receive this leave under the FLMA act for several reasons. This include, The Company only employed 30 employees and he have only been working with the company for seven months. The company does not have enough employee and Steven has not work the full 12 months to be eligible under the FLMA act.
One thing to keep in mind, is that FMLA is not paid time off. Some companies may require the employee to exhaust all sick and vacation days upfront while on FMLA and move to unpaid FMLA after. Regardless, every employee needs to plan for these types of circumstances if at all possible. Otherwise, 12 weeks of unpaid time off can be just as bad as losing your
The Family and Medical Leave Act (FMLA) enables covered employees to take an extended unpaid leave for qualified family and medical reasons. While the FMLA is certainly beneficial to employees, the FMLA has benefits and detriments to employers as well.
If an employee absent due to his or her own serious health condition fails to provide a return to work release from a medical professional, reinstatement will be denied until the certificate is received.
Under the Family and Medical Leave Act (FMLA), it permits an employee to take an unpaid leave of up to twelve work weeks due to care for a parent with a health condition. With Mr. Minke, he has been at Forklifts Unlimited for fifteen years. The FSLA requires the employee to have been with the company at least twelve years. With the FSLA, it also comes in when there is a serious