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Importance of Family and Medical Leave Act (FMLA) of 1993
Americans with Disabilities Act of 1993
Importance of Family and Medical Leave Act (FMLA) of 1993
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Business Law Competency 310.1.5 Labor and Employment Law Situation A – Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 is a federal law that was put into place to protect an employee's job for a leave due to personal or family illness. It allows an employee to take up to 12 weeks of unpaid leave to care for themselves, or someone in their family, to assist with serious medical conditions. During this leave the employee's benefits, position, health benefits and pay are protected as long as they meet the act's criteria. The employee is also protected from employer retaliation. First it needs to be determined that employee A works for a company that is required to honor the FMLA. An employe must work for a company that has at least 50 employees within a 75 mile radius. Based off the information provided, Company X has 75 employees, although it does not state that all the employee's work in the same location, I am going to assume they do based off lack of information. Employee A is eligible for the FMLA based off company size. In order to determine whether or not employee A is covered under the FMLA, we need to evaluate his situation and compare his scenario against the guidelines of the FMLA. Employee A has been with Company X for 2 years. FMLA requires an employee be with a company for 12 months and worked for 1250 hours in the last 12 months. Based off the information provided, employee A has worked for the company for 2 years, we can only assume in the last month he has worked the required 1250 hours. Employee A appears to be eligible based off length of employment. The final factor that will be used to determine if Employee A is covered under the FMLA, is... ... middle of paper ... ...on C – Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 protects those with disabilities. An employer cannot refuse employment to someone if there is not undue hardship for the company to make any arrangements necessary for the employee or applicant to complete the job. In this situation Company X states that the only reason that applicant A was denied employment was because it would cause company X undue hardship. This is because in order for the applicant to adequately complete the job he would have had to be able access all 7 floors of the headquarters. This would have required the company to lower 2 of the elevator button pads 4 inches. The company did not violate the act because the expenses would have been put the company in a tough spot in order to accommodate the required customization of the elevators.
b) If Ahmad were terminated for refusing to shave his beard, he could bring the potential claim of religious discrimination against Mamma Jo’s Pizza under Title VII. In order for Ahmad to claim religious discrimination, he needs to show three things in order to establish and prove a prima facie case for disparate treatment. First, he must show that he holds a sincere religious belief that conflicts with a Mamma Jo’s employment requirement. Next, he has to inform Mamma Jo’s about the conflict. Finally, he needs to prove that he was discharged or disciplined for failing to comply with the conflicting no beard employment requirement.
A back up plan such as cross training other employees will be beneficial. When an employee is out for 12 weeks, it can slow down productivity and causes profit losses for the company due to lack of replacement. Here is an example of a negative impact of FMLA. There are 3 nurses in the ER that are pregnant. From day-to-day, there is a shortage of staff that occurs on the unit. The nurses that are pregnant will be on maternity leave at least 2 months apart. The best thing that management and HR should do is to hire at least 3 per-diem nurses to fill in. What you do not want to happen is the rest of the staff to become overwhelm because of staffing issues. A situation as such does not help the morale of the staff, and customer satisfaction will be at a higher
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
The balancing act of family and work can be very difficult at times. At some point in everyone’s life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave.
equally and lawfully treat or even hire workers can expose the agency to action such as lawsuits,
FMLA claims that eligible employees are authorized to twelve weeks of leave in a 12-month period for reasons within these requirements:
(8) U.S. Dept. of Labor, Family and Medical Leave Act – Wage and Hour Division (WHD) (http://www.dol.gov/whd/fmla/), 2013, Website
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
In the assigned hypothetical scenario, John was dismissed and believes he was discriminated against. By understanding the different types of discrimination and the legal recourse of individuals discriminated against organizations can better prepare them selves to avoid similar situations with their employees.
The employer does not have the right to more detailed personal information on Lee. Thee ONLY thing the employer informed about is that Lee is keeping her appointments when into a treatment program, expected length of that program, and if she participated satisfactorily in that program.
While the 1993 Family and Medical Leave Act theoretically guarantees all workers up to 12 weeks of unpaid leave to care for a new child or sick family member, it applies only to businesses with more than 50 employees, only covers workers that have been with their employer for at least one year, and doesn’t extend to part-time workers. These exemptions are significant; they ensure that just over half of American workers and less than a fifth of all new mothers are actually covered by FMLA. And they disproportionately affect low-income workers, who are more likely to work for small businesses, change employers frequently, and piece together multiple part-time
According to Public policy Exception to Employment at Will, Employees are also citizens with rights and responsibilities to the larger society. Sometimes, the roles of employee and citizen conflict. (Chapter 18, P677).
Employment law, that protects employees against deposals, denying overtime or promotion, demoting and which increases the confidence of people,
If employees are allowed to work from home on a regular basis or when required then employees
These workers must have their same position back or an equivalent having: the same benefits, salary, status and all the conditions previous to the leave. Also during the time the person is not working he/she i...