Lit1: Task 310.1.5-02, 11, 13 Essay

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

FMLA leave is not considered a qualifying event under Cobra. A Cobra qualifying event can occur in an instance when an employer’s obligation to maintain health benefits under FMLA cease. An example of this is when an employee has intent of not returning to work. Further information can be provided by going to your nearest Wage and Hour Office or through the telephone directory under U.S Government and U.S. Department of Labor (Frequently Asked Questions Cobra Continuation Health Coverage).

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

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

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 FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

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:

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”.

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

     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

be protected by the A.D.A. this person must have a long standing record of this

Over the years, the workplace has experienced several instances of discrimination. In attempt to stop the discrimination, Title VII was passed. Although Title VII helped employers in terms of race, color, gender, religion and national origin, those who had disabilities continued to face the frustration of disability barriers in the workplace, given disability was not one of the listed protected classes. Employers abstained from hiring the disabled in fear of them not being able to perform at the same level as the other employees or the attitudes of such employees towards the disabled workers. Of course, there was some legal protection against discrimination: The Vocational Rehabilitation Act of 1973, but this law only applied to employees