Fogwill. H. (2016)
Western Governors University
WGU Student# 000519534
LIT1 – Task 1
Major Provisions of the Family and Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA) of 1993 allow employees to take a maximum of 12 weeks of unpaid time off from work while their job will be protected for them on their return. Additionally, FMLA states employees will continue to have access to their group life insurance (Department of Labor, n.d-a). FMLA could be used for the following reasons:
• For the birth and care of a newborn of the employee.
• Employees adoption of a, child or foster care.
• To care for immediate family with serious illness. Immediate family are spouse, children or parents.
• Used by employees who need to take medical time off to deal with serious health conditions.
To qualify for FMLA, an employee needs to be employed by the same company for 12-months, and have worked 1,250 hours over this 12-month period. The employee must provide FMLA medical certification from a healthcare provider validating the employee, or their immediate families serious health condition.
Employers must comply with the FMLA laws if they employ more than 50 employees within a 75-mile radius. Employers will be required to place the employee in the same position after the employee returns from FMLA leave provided the employee is still capable to perform their previous duties.
Applying FMLA to Situation A
The employee qualifies for FMLA because the employer employs more than 50 employees, and the employee worked for this employer for more than 12 consecutive months.
FLMA Case Finding
No violation of the law was performed by the employer. Thus, the employee qualified for FMLA, and under the provisions provided by FMLA law,...
... middle of paper ...
...due hardship” on the employer (Department of Labor, n.d-d).
Applying ADA to Situation C
A disabled person applied for a position in an organization who does not provide the required accommodations for the disabled person to move throughout the multi-story office building at the company headquarters. His application was denied due to the company being required to make alterations to half of their existing elevators to accommodate for the applicant’s disability. The organization claims the alteration would provide undue hardship.
ADA Case Findings
The organization violated the ADA law. $2000 is an unreasonable claim to be “undue hardship” for an organization with a seven-story building. No alternatives were considered to accommodate for the disabled person, and alternatives like a 4-inch cane could be provided to assist the disabled person in utilizing elevator.
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