The Family and Medical Leave Act of 1993 (FMLA)

Situation A.

The Family Medical Leave Act, deals with the laws regarding “eligible” employees taking off up to twelve weeks of unpaid leave for their child's birth, adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of 1,250 hours in that year. “The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave” (Vikesland, 2006).

The Family Medical Leave Act is not just to protect employees and look after their interests, but it is also to protect employers as well. If the employer is a public company they “are subject to provide FMLA regardless of the number of employees employed” (Vikesland, 2006). The employer can ask to see some kind of proof for an employee needing FMLA leave as well such as something from a doctor and can even halt an employee's leave until that proof is delivered to them. This is a way for an employer to make sure that leave is being given for good reason and that an employee is not taking advantage of the company. However, if the company is a private company and it falls below fifty employees while the one employee is on FMLA leave, “the leave has been granted...[and] the employer cannot alter the leave” (Vikesland, 2006).

Employee A was already granted FMLA leave to take care of his wife and new born child, therefore the question is not whether he was an eligible employee. The new manager is not trying to withhold Employee A's position, or the same salary as previously paid, but the question is...

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...hout moving the key pads in two of the elevator cars, according to the detailed situation do not need the key pads moved. So, there is plenty of opportunity for the applicant to perform the job without causing too much difficulty for the company. There has clearly been a violation of the ADA by telling the applicant it would cause a hardship to hire them.

References:

Equal Employment Opportunity Commission. (2005). The ADA: Your Employment Rights as an Individual With a Disability. Retrieved October 4, 2011, from http://www.eeoc.gov/facts/ada18.html

Vikesland, Gary. (2006). The Family and Medical Leave Act: “Balancing Work and Family”. Retrieved October 4, 2011, from http://www.employer-employee.com/fmla.html

Equal Employment Opportunity Commission. Facts About Age Discrimination. Retrieved October 4, 2011, from http://www.eeoc.gov/facts/age.html