Employee Case Studies

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Situation A Family and Medical Leave Act of 1993 In this situation, we have an employee that has been working for the company for 2 years. He has taken 11 weeks under the Family and Medical Leave Act (FMLA) in order to help care for his twins that were pre-maturely born. He has asked for his job back and requested that he receive pay for the 11 weeks that he was out. The FMLA states that an employee may take 12 weeks of unpaid leave per year for “the birth and care of a newborn child of an employee”(United States Department of Labor, n.d.). Providing the employee meets the requirement of 1250 hours of employment or 12 months of employment before the leave. The employee meets the requirement and may certainly have his job back. While it is regrettable that the employees wife delivered pre-maturely, we are not required to pay him his salary for the 11 weeks of leave he took under the FMLA provision. Your offer is correct, he may have his previous job back with his previous pay, but we will not be back paying him for the leave took under FMLA. No violation has occurred. The...

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