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
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:
A growing number of states in the United State required a paid leave in addition to the federal regulations; states legislation requires employees to maintain their employment within certain time frame employment in order to accrue the sick leave hours. Additionally, the state’s regulation mandates that employees will not face any retaliation based on their medical condition
If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.
Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).
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
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.
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.
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
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
An employee who fraudulently obtains FMLA/DPL leave is not protected by FMLA/DPL’s job restoration or maintenance of health benefits provisions.
-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)
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
The employer at any time can request more information on top of this, but can't take away from it. The first form is the FMLA Notification Form that the employer must provide to the employee requesting FMLA within two business days. The FMLA Medical Certification Form is a form the medical provider will fill out verifying the accuracy of the employee's claim. This form has to be turned back in to the employer 15 calendar days after the initial request. Every company may add on to this policy, so it is always best to check with your HR department on their requirements. ("The Family and Medical Leave Act (FMLA)")
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.