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family medical leave act policy analysis
family medical leave act policy analysis
case study of the family and medical leave act.
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One of the key provisions of the Family Medical Leave Act is that, in general, the employer is not responsible for the cost of the employee leaving, in terms of pay. While an “employee may elect, or an employer may require the employee to substitute any of the accord paid vacation leave, personal leave, or medical or sick leave” (Family and Medical Leave Act of 1993, § 102, 2006), the employer is otherwise not obligated to pay the employee straight pay, as the leave is considered, as stated under sub-section C of Section 102 of the FMLA to be “unpaid leave.” It’s important to distinguish then, in the given situation, if the employee intends to, or if the employer requires, that the employee use any pools of benefit time, such as vacation or personal time. Specifically: when Employee A states that he’s asking “to be paid the withheld salary from his 11-week leave” then if he means his vacation, personal, sick, or medical leave from a bank of time, then he’s within his rights under the FMLA.
If so, then the manager’s denial of the request to be paid any withheld salary would be a violation of the FMLA. The given situation, however, isn’t specific, so we can assume that “salary” is defined in the situation only as “straight pay.” If so, then since the new manager has agreed to Employee A’s return to the previous job, at the previous rate of pay, there is no violation of the FMLA (Family and Medical Leave Act of 1993, § 102, subsection d, 2006).
Situation B.
Employee B, due to his or her age and position, is considered a protected employee under The Age Discrimination in Employment Act of 1967 (The Age Discrimination in Employment Act of 1967, § 12, 1967). He or she is 68 years old and as such falls under subsection A of the...
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...ship to its operations in performing reasonable accommodation for Applicant C.
References
2010 ADA Standards for Accessible Design. (n.d.). 2010 ADA Standards for Accessible Design. Retrieved March 10, 2014, from http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm
The Age Discrimination in Employment Act of 1967. (n.d.). (ADEA). Retrieved March 7, 2014, from http://www.eeoc.gov/laws/statutes/adea.cfm
Americans with Disabilities Act of 1990, as Amended with ADA Amendments Act of 2008. (n.d.). Retrieved March 10, 2014, from http://www.ada.gov/pubs/adastatute08.htm
U.S. Department of Labor - Wage and Hour Division (WHD) - The Family and Medical Leave Act of 1993. (n.d.). U.S. Department of Labor - Wage and Hour Division (WHD) - The Family and Medical Leave Act of 1993. Retrieved March 10, 2014, from http://www.dol.gov/whd/regs/statutes/fmla.htm
FMLA/DPL leave is available on a consecutive, reduced schedule or intermittent basis for up to twelve workweeks only for specific trigger events:
“H.R. 1--103rd Congress: Family and Medical Leave Act of 1993.” www.GovTrack.us. 1993. February 9, 2014
Age discrimination has become more than a minor inconvenience throughout the twentieth century; indeed, the issue has become such a hot potato within the workplace that laws have been forced into existence as a means by which to address the problem. In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind.
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
The Age Discrimination Act states that it is prohibited for employers and others to discriminate against an individual on the grounds of their age. This act protects all individuals of all ages against this kind of discrimination. An example this type of discrimination is an experienced and successful senior nurse who is only 40 is fired because the NHS board feel that she is becoming too old for the job and think that someone a few years younger maybe more preferable, so they decide to fire the senior nurse. This is indirect discrimination, where the individual is unaware that they were discriminate against because of their age. The NHS board did not take in to account the senior nurse’s skill, experience or how well she could cope with the job. All they took into account was her age. This act prevents discrimination as if the NHS board followed the rules of the age discrimination act then th...
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
United States. U.S Department of Health & Human Services. Office of Child Care. Home | Administration for Children and Families. N.p., n.d. Web. 18 Nov. 2013.
"Southeast ADA Center." ADA Amendments Act of 2008 Summary and Resources. DBTAC-Southeast ADA Center, 23 Jan. 2009. Web. 22 May 2014. .
The Americans with Disabilities Act, TITLE 42 - THE PUBLIC HEALTH AND WELFARE U.S.C. § 12101 - 12117 et seq. (Author 1990 ).
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
U.S. Department of Justice, (2006). Americans with Disabilities Act. Retrieved February 18, 2008, from ADA Homepage Web site: http://www.usdoj.gov/crt/ada/q%26aeng02.htm
“The Fair Labor Standards Act (FLSA) was created in 1938 to establish a minimum wage and a limit on the number of hours which may be worked in a standard work week. It also provides standards for equal pay, overtime pay, record keeping, and child labor.” This law was created during a time period of great financial and political turmoil.
UNITED STATES DEPARTMENT OF LABOR. (n.d.). U.S. Department of Labor. Retrieved February 5, 2014, from http://www.dol.gov
Age discrimination continues to be a problem for both men and women that are over the age of 40 in the workforce. In year 1967, the federal Age Discrimination in Employment Act ADEA was passed to prohibit discrimination against workers over age 40 and older. Another law in the year 1964, Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of sex, race, color, religion, or national origin. However there are still age discrimination and it seems to be more especially for older women more than older men. The Federal and the state should implement more regulations to protect workers' rights in all age groups, both in the younger and older generation including their race and gender.
After the employer has received the employees thirty day notice the employer may then see if the request qualifies for FMLA. The request may only be qualified for specific reasons such as child birth, adoption, fostering of a child, serious health conditions of the employee, seriously injured or ill immediate family member, or an immediate family member who is called to active duty. If both expecting parents work in the same workplace they equally will divide their leave of absence between the two of