Fmla Assignment

Twice congress has passed legislation to grant families leave under certain circumstances; once in 1989 and again in 1993. In 1989 a bill was introduced that would grant employees family and temporary medical leave under certain circumstances. The bill passed the house in May of 1990 and the senate in June of 1990. However, President H.W. Bush vetoed the bill indicating that FMLA would weaken productivity and the law would be an intrusion into the normal relationship between employer and employees.

Kalamazoo County Road Commission (2015), the plaintiff Terry Tilly alleged that the Kalamazoo County Road Commission violated his right to take medical leave provided by the Family and Medical Leave Act. The KCRC’s personnel manual, which definitively advises that the manual serves “a basic guide to basic benefits, working conditions and policies” in part states that, “Employees covered under the Family and Medical Leave Act are full-time employees who have worked for the Road Commission and accumulated 1,250 work hours in the previous 12 months.” There are several statutes that specify a minimum employer size in term of the number of employees in the roster (Walsh, 2013, p. 10). Under section 2611 of the Family and Medical Leave Act of 1993, an employee who works for a company that does not meet the FMLA 50/75-Employee Threshold is not eligible for FMLA (2010). The trial court, therefore, ruled in favor of the Kalamazoo County Road Commission, dismissing Mr. Tilley’s FMLA claim. However, the Court of Appeals would later overturn the dismissal of the case. Although the employer did not meet the FMLA 50/75-Employee Threshold, making Mr. Tilley an ineligible employee under the FMLA, the company’s employee handbook misrepresented his eligibility to apply for FMLA benefits. The manual failed to mention the FMLA 50/75-Employee Threshold, so Mr. Tilley was in fact protected under the FMLA

The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).

There are many acts that help the employees within the workforce. The acts we will be discussing are as follows: Americans with Disabilities Act, Age Discrimination in Employment act, Occupational Safety and Health Act, Family Medical Leave Act, and Fair Labor Standards Act. We will also be discussing harassment, diversity, and grievances.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

A medical office needs to be compliant with employment laws; this will ensure they do not have lawsuits that could patiently put a company out of business. This also helps the offices run smoothly and free from errors. There are several employment laws a few of them are the American with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). The American with Disabilities (ADA) is when an employer is to provide reasonable accommodation to an employee with a known mental or physical limitation, or a qualified individual with a

Benefits and Protections. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers

website. This link will take to the user to a new page where the user will then click a link titled “Family and Medical Leave Act (FMLA).”

Employers or employees skeptical of the FMLA focused on current Department of Labor regulations for needless burdens upon employers. The Society for Human Resource Management had arguments regarding the truth and legitimacy of requested leave. With those arguments, there were changes in the policy and procedures of being an employee in a company revisiting regulations. There was also a concern that employment law had failed to account for changes through employers and did not provide enough protection to family life. There were prominent congressional debates over the bill due to the potential loss of an employee/ parent who may be forced to quit their job in order to care for one of the four situations that FMLA covers. Investigators who took a survey of leave not only

Employers must also provide a written general notice to employees, this can be done in the form of a poster. The poster must be posted where all employees and applicants can see it. The poster can be ordered thru the Department of Labor at no charge to the employer. Failure to post the poster can result in a civil penalty of one hundred and sixty-six dollars (United States Dept of Labor, 2017). The employer must also print a notice in the employee handbook of FMLA procedures and rights of the employee. If no handbook exists the employer must give written notice to every new employee upon hire (United States Dept of Labor, 2017).

The second practice I have taken away is the Family Medical Leave Act. I chose the Family Medical Leave Act because It is important to consider your employee’s health and consider that your employees have family. This practice can be taught by showing management how to let someone have this leave and show them in the benefits packet. You can also have the law posted in the Human resources department. This practice can be used for employees who are sick or for the employees that have family that are sick or if you have an employee who just adopted or had a baby.

In week 6, I will be discussing the Americans with Disabilities Act. Secondly, I will discuss applications to hiring health care providers and how to establish reasonable accommodations. In my review of case EEOC v. Sears, Roebuck & Co., I will discover my findings in the American with Disabilities Act and what it entails. In conclusion, I will discuss my overall discoveries and what was important.

In general, these laws found in chapter 1 of our text are made to enforce and ensure proper wage, safety, and work hours for all individuals, without any form of discrimination, such as the FLSA act of 1938 and the Equal Pay Act of 1963 along with others found in this lesson. They also allow for medical issues or disabilities within the family such as the FMLA of 1993. The four groups can be categorized as income continuity, safety, pay discrimination and work hours. Others may be accommodating families with physical and mental disabilities and other wage laws. If I were to decide between the groups which is most important I would have to say that they would all be equally important

I have proceeded to discuss whether in my opinion the laws in each country favour the employee, employer or government as well as discussing what the impacts are of the laws on organizational ability to employ Human Resource Management principles in the