Analysis of Labor and Employment Law

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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... ... middle of paper ... ...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
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