In situation A the employee has been on leave for eleven weeks because of a spousal pregnancy. This condition is covered under the family medical leave act. Because our company has more than fifty employees, this particular employee is entitled to coverage under the FMLA as long as the employee has been employed for the past twelve months and worked at least 1250 hours. The employee was granted the leave by their immediate supervisor as directed by the FMLA. Upon his return the employee requested eleven weeks of salary that was withheld for the time they were gone. The employee’s immediate manager placed the employee in his previous job with the same salary but denied the withheld salary request. Under the provisions of the FMLA the supervisor was correct in denying the individual their request for the withheld salary. The following is an excerpt from the United States Department of Labor website:
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. (“FMLA”, n.d., para. 1)
The supervisor made the right decisions in this case and complied with the FMLA.
In situation B an employee who is sixty eight years old was denied a promotion based on their age. Another employee who is thirty two years old with a worse performance review was promoted instead. According to the Age Discrimination in Employment Act of 1967: SEC. 623. [Section 4]
(a) Employer practices
It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age;
(2) to limit, segregate, or classify