LIT1 Task 2 Situation A The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons: The birth of a child, or the placement of an adopted or foster child. A serious health condition that makes the employee unable to perform the essential functions of their job. To …show more content…
I would recommend Company X create a policy that documents FMLA procedures and clarifies what to expect while on leave (salary and benefits). Situation B As Human Resources professionals, it is key to be mindful of protected job classes, particularly age. The Age Discrimination in Employment Act of 1967 was put in place to protect workers over 40 years of age. The ADEA applies to employers with more than 20 employees and applies to all aspects of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments and training (“Facts About Age Discrimination,” Revised 2008). Since the ADEA applies to the hiring process as well as the term of employment, employers are not allowed to ask for date of birth in any pre-hire process. There are a couple of exceptions to the law. Employees may waive their right to the act as long as the ADEA guidelines are met. In certain situations, high level executives may be asked to retire at 65 and for jobs with bona fide occupational qualifications employers may discriminate based on age (“Exceptions to the ADEA,” 2007). An example of this would be a modeling agency hiring for an ad that promotes children’s clothing. Based off of the information provided, Company X is in clear violation of the ADEA. Employee B is over 40 and therefore in a protected job class. Unless they have reason to justify their decision, employee B
Explain how employers could verify that their employee benefits comply with all federal laws by using this resource.
The Family and Medical Leave Act of 1993 (FMLA) was created to help assist employees deal with the difficulties of home, while creating an atmosphere of job security. The FMLA also helps cover employers from wrongful use of the FMLA by the employees. Although the document is extensive, there are three major provisions of the FMLA that apply to the given situation. The FMLA entitles covered employees to unpaid work leave, provides job and benefit restoration, and allows employers to require notice and certification for leave ("Family and medical leave act," 2007).
The Americans with Disabilities Act of 1990 established a standard to “public accommodations” requiring businesses to make “reasonable modifications” to the usual
All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.
Family Medical Leave Act provides employees with up to 12 weeks of unpaid leave per year, dependent on time of service. It also protects an employees’ job and maintains health benefits during their time off. FMLA is to help employees balance family and work responsibilities by taking leave for certain family and medical reasons that is unpaid. According to regulations, employers must provide unpaid leave for a birth and/or care of a newborn child, adoption or foster care of a child, care of an
Legislation has been proposed to change how we classify employees either as “exempt” or “non-exempt” as set forth by the Fair Labor Standards Act, 29 CFR Part 541, Section 13 (a)(1). This has potential implications for both employers and employees. I have set forth excerpts from the regulation below to help everyone understand the regulation.
The Family and Medical Leave Act allows employees to have the stability between their family and work. The Family and Medical Leave Act enables the employee to have some reasonable unpaid 12 weeks off from work. FMLA applies to any public agencies and other employers that have 50 or more employees. Of course, there are some requirements to be eligible for the FMLA. According to Suriyasak and Kleiner the requirements are; first, “employees have worked that employer for at least 12 months;’ Second, ‘employees have worked at least 1,250 hours during the 12 months before starting the family and medical leave;’ Lastly, ‘The employers must have at least within 75 miles of the location where employees who want leave work.”
family/medical leave policies exist at both the federal and state levels. For the purpose of this exploration, the emphasis is on the federal leave programs formally known as the Pregnancy Discrimination Act (PDA) of 1979, the Americans with Disabilities Act (ADA) of 1990 and the Family and Medical Leave Act (FMLA) of 1993. At a high level, the PDA mandates that a pregnant female employee may not be discriminated against due to her pregnant condition and her employment may not be terminated due to pregnancy, hence job protection must be in place. Similary, the ADA also forbids discrimination against disabled people in employment, transportation, public accommodation, communications, and governmental activities (U.S. Department of Labor DOL). Additionally, the FMLA mandates that employers of fifty or more employees must secure their employees’ postion, or equivalent position, for up to twelve weeks a year while their employee is out on FMLA leave. Furthermore, employers must continue paying their employees’ health insurance premiums during the employee’s period of leave. Family and medical leave covers care for a newborn or newly adopted child, caring for a child, spouse, or parent who has a serious health condition, or employee’s recovering from their own serious health condition. Employees are eligible for FMLA if they have worked for their employer for a year, and for 1,250 hours during the immediately preceding year (Lenhoff and Bell 2). Comparatively, it is necessary to acknowledge that some (but not all) employees have access to leave programs through union contracts, employer policies, or state legislation regarding leave policy, including but not limited to, sick leave, parental leave, and personal leave. The FMLA is an unpaid leave, though in states which offer Temporary Disability Insurance (TDI) programs, the employee may file for state disability if
This Act allows both parents to take up to 12 weeks of unpaid leave within a 12month period. FMLA covers more than birth. It covers the care of illness for the employee themselves, as well as immediate family members requiring care. Parents bonding with a new child or those they have adopted or fostered. Those who take care of military family members who have a serious illness or injury in the line of duty and those serving National Guard or Reserves with qualifying exigencies, such as short-notice deployment or Military events. FMLA protection requires employers to: 1. Reinstate employee with same job or virtually identical equivalent one. 2. Continue group healthcare coverage while out. 3. Cannot take away privileges, responsibility, status or accrued time, such as vacation days. 4. Employer cannot discriminate against employee while on leave. Employees are still entitled to promotions and pay increases. All employees who work for a company that has more than 50 workers and have worked a full year totaling 1250 hours are eligible for FMLA. This Act requires at least a 30 -day notice for foreseeable leave and asap for unforeseeable leave. How long an employee plans to be out and when you plan to return? That worker provides proof of return, usually a doctor’s notice. Employees must continue to pay group health
Additionally Family and Medical Leave Act is another benefit that is offered by our company but it is not a federal law requirement unless have fifty or more employees within the organization. FMLA is offered as part of the employees overall compensation and benefit plan that is given to each employee hired. FMLA entitles
As we enter season it is imperative to be staffed appropriately, therefore as much as we would like to extend you further time off, this is not practical or possible. Without knowing how much time you will require to completely recover, I cannot hold your position. Also please keep in mind that FMLA applies to Private-sector employers with 50 or more employees and eligible employees must be employed for the employer for at least 12 months. As a small business FMLA does
An employee working anywhere across the globe, the employer is required to offer certain benefits to the employee for his economic and social welfare. The report will be covering all those
2. CLASP. (2013). Business support for the Family and Medical Leave Act. In CLASP: Policy solutions that work for low-income people. Retrieved June 1, 2013, from http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=2&ved=0CDwQFjAB&url=http%3A%2F%2Fwww.clasp.org%2Fadmin%2Fsite%2Fpublications%2Ffiles%2FBusinesses-FMLA-Unmet-Need-Paid-Leave.pdf&ei=0NKrUdqsKK3H4AP644GIAw&usg=AFQjCNGq_kuTpytPLdocUa8w7hA0YWU6bw&sig2=sFTyIqn8pcjkXpgmjQn59g&bvm=bv.47244034,d.dmg
Each and every day business throughout the United States are met with challenging situations that are centered around labor and employment law. As the director of human resources for Company X, I have been tasked with analyzing three situations that may or may not violate any federal acts. The federal acts that will be considered are the Family Medical Leave Act of 1993 (FMLA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Each given situation will be reviewed and analyzed to determine if any violations of these acts have occurred.
This journal is an analysis of the Department of Labor’s 2012 Family and Medical Leave Act (FMLA) survey. The surveys conducted in this study mainly focused on the FMLA’s effect on employees working in the private-sector. The data collected emphasized on the availability of FMLA benefits among different racial, occupation, and gender groups, and the main reasons for employees to take leave, and the strategies used to cover lost wages during unpaid leave periods. The survey reported that 59.5% of the respondents were eligible for unpaid