The Family Medical Leave Act Of 1993 ( Fmla ) Essay example

The Family Medical Leave Act Of 1993 ( Fmla ) Essay example

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The Family Medical Leave Act of 1993 (FMLA) entitles eligible employees of covered employers up to 12 weeks of unpaid job protected leave for certain family and medical reasons. A covered employer has been defined as is any public agency including local, state and Federal employees or a private company with 50 or more employees for at least 20 workweeks in the current or proceeding calendar year. Most common reasons for an employee to request FMLA are the birth of child, an adoption of a child, a serious health condition of the employee, or to care for a spouse, child or parent with a serious health condition. When citing serious health concerns an employer may require that an employee furnish some type of certification from the health care provider stating the appropriateness of the leave. The employer has the right to request a second or even a third medical opinion. An employee may not request certification in the event of birth or an adoption of a child. There are special conditions and extended times that apply to members of the military and spouses of service members.
An a eligible employee is someone one who works for a covered employer, has worked for the employer or at least 12 months, has worked a minimum of 1, 250 hours in the previous 12 months, and works in a location with at least 50 employees within a 75 mile radius. When leave is foreseeable an employer may require the employee to request leave 30 days in advance, when not foreseeable the employee must notify the employer as soon as possible.
In Situation A, The employee from company X request leave to be with his wife and premature twins which was granted. As we can see from the above definitions, FMLA apples to Employee A. Company X is considered a covered...


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... does not need to make the accommodations if it creates an undue hardship to the employers business. Also employers also must refrain from asking about the severity of a disability, asking for medical records pertaining to the disability and may not require a person to undergo any medical testing that doesn’t apply to all employees.
In Situation C, the modifications needed to accommodate Applicant C seem reasonable and justifiable. The modifications would only apply to two of the four elevators, in which only one would be out of service at any time. The price seems to be extremely nominal in the course of a business especially in a building that has seven floors. In denying Applicant C employment and stating that it was based on the undue hardship’s her disability would create on the company (which in fact are minimal) Company X is in fact in violation of the ADA.

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