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Major Provisions : Family And Medical Leave Act Of 1993

Decent Essays

Anthony Tryon
000489537
Western Governors University
LIT1 Task 1

A1. Major Provisions – Family and medical Leave Act of 1993
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 …show more content…

A3. Violation – Situation A
Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the requirement of providing 30 days’ notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave.

B1. Major Provisions – Age Discrimination in Employment Act of 1967
As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects “whistleblowers” against retaliation as a result of filing an age discrimination

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