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.
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