Anthony Tryon
000489537
Western Governors University
LIT1 Task 1
A1. Major Provisions – Family and medical Leave Act of 1993
The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered
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A3. Violation – Situation A
Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the requirement of providing 30 days’ notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave.
B1. Major Provisions – Age Discrimination in Employment Act of 1967
As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects “whistleblowers” against retaliation as a result of filing an age discrimination
You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.
On February 5, 1993 Public Law 103-3 103d Congress also to be known as the Federal Medical Leave Act of 1993 (FMLA) was made into a federal law by the Senate and the House of Representatives of the United States of America. [1]
Kalamazoo County Road Commission (2015), the plaintiff Terry Tilly alleged that the Kalamazoo County Road Commission violated his right to take medical leave provided by the Family and Medical Leave Act. The KCRC’s personnel manual, which definitively advises that the manual serves “a basic guide to basic benefits, working conditions and policies” in part states that, “Employees covered under the Family and Medical Leave Act are full-time employees who have worked for the Road Commission and accumulated 1,250 work hours in the previous 12 months.” There are several statutes that specify a minimum employer size in term of the number of employees in the roster (Walsh, 2013, p. 10). Under section 2611 of the Family and Medical Leave Act of 1993, an employee who works for a company that does not meet the FMLA 50/75-Employee Threshold is not eligible for FMLA (2010). The trial court, therefore, ruled in favor of the Kalamazoo County Road Commission, dismissing Mr. Tilley’s FMLA claim. However, the Court of Appeals would later overturn the dismissal of the case. Although the employer did not meet the FMLA 50/75-Employee Threshold, making Mr. Tilley an ineligible employee under the FMLA, the company’s employee handbook misrepresented his eligibility to apply for FMLA benefits. The manual failed to mention the FMLA 50/75-Employee Threshold, so Mr. Tilley was in fact protected under the FMLA
An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers
The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical
The American population is aging as health care improves, the older generation is living longer and are still working or just getting into the workplace. One of the biggest issues that these older individuals face is age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their rights are and how they can make a complaint. Lastly, a legal case will be examined and evaluated so
Cherner (2008) asserts that the FMLA grants up to 12 weeks of leave during a 12-month period for a number of qualifying reasons mentioned previously as well as for an employee’s own serious health condition and certain "qualifying exigencies" related
The birth of a baby is a very important time in the lives two of parents. During this time all parents should be allowed special bonding time with their babies. Nearly 20 years after the passage of the Family and Medical Leave Act (FMLA), it is time to take stock of U.S. policy on parental leave, particularly as it affects infant care and child development (Time off with Baby). The problem with this Leave is that it is unpaid and sometimes parents can’t afford to not work and take care of their family.
To begin, the Family and Medical Leave Act also known as "FMLA" purpose is demanding balance between the workplace and the needs of the family, to show equal employment opportunities for both, men and women, and lastly to have protection for jobs and benefits during eligible leave (PowerPoint Presentation, n.d). As I read more on the FMLA, I learned that an employee who’s under the FMLA, they are eligible to 12 weeks of unpaid leave for family or medical reason but still able to receive their health benefits and have job security (PowerPoint Presentation, n.d). To answer the question, I believe that the FMLA wouldn't be too restrictive for human service workers. The slides have taught me a lot because I am not knowledgeable on this act. Things
Review of FMLA: A major provision of the Family and Medical Leave Act of 1993, is the right for eligible employees to take 12 work weeks of job-protected, unpaid leave. In order to be considered an eligible employee, employees must be employed by a covered employer for a minimum of 12 months prior to submitting an application for medical leave under FMLA. The employee must also have worked a minimum of 1,250 hours during that same 12 month period as noted in the Wage and Hours Division Employer’s Guide to the Family and Medical Care Act.
One of the key provisions of the Family Medical Leave Act is that, in general, the employer is not responsible for the cost of the employee leaving, in terms of pay. While an “employee may elect, or an employer may require the employee to substitute any of the accord paid vacation leave, personal leave, or medical or sick leave” (Family and Medical Leave Act of 1993, § 102, 2006), the employer is otherwise not obligated to pay the employee straight pay, as the leave is considered, as stated under sub-section C of Section 102 of the FMLA to be “unpaid leave.” It’s important to distinguish then, in the given situation, if the employee intends to, or if the employer requires, that the employee use any pools of benefit time, such as
Keep in mind that FMLA is flexible and allows you to take a total of 12 weeks of unpaid time off within a one year period. However, some companies require employees on FMLA to use their paid leave when they are on FMLA. If you are planning on using FMLA, you must give a 30-day notice to the HR department. Finally, FMLA also applies to employees, such as
As a follow-up to our conversation today, the Bank is not able to accommodate the restriction on the attached doctors note. With the expansion of the Bank and the work load in your department you must be in the office a minimum of 3 days per week. Since we are not able to meet the restriction your 12 weeks of Family Medical Leave of Absence will continue through September 2, 2015.
In the case of Crouch v. Whirlpool Corp., Crouch began working as an hourly employee for Whirlpool on or about May 8, 2000. As a Whirlpool employee, Crouch was obligated to comply with the Shop Rules, including Shop Rule #1, which provides that the fabrication of personnel or any other Company records is a desecration of the Shop Rules. Crouch assumed that violation of Shop Rule #1 was just cause for termination. To be eligible for disability leave, an employee's doctor must confirm that the employee is totally disabled and unable to work. Whirlpool employees are eligible for paid disability leave after ninety days of employment. In 2002, Crouch was approved to take four to five days per month of intermittent FMLA leave due to chronic pain in his right