...1. I chose the Family and Medical Leave Act of 1993. The Family and Medical Leave Act provides unpaid leave of absence for situations regarding the birth, adoption or fostering a employees child and for serious health condition for immediate family members including employee’s own health condition. The duration required to be provided is 12 weeks of unpaid leave. What the Family and Medical Leave Act does is protect your current job position and continues to provide health coverage during the absence. To qualify, an employee must have worked at least 12 months prior to the start of the Family and Medical Leave. According to a 2007 Society of Human Resource Management survey report on Family and Medical Leave Act and Its Impact on Organizations “it may create job disruptions and adverse effects on the workplace in terms of additional costs and a loss of productivity”. Its common that other employees assume the duties while the employee is out on leave creating a burden of additional work. 2. Unemployment Insurance and how it influences staffing. Unemployment Insurance was developed in an effort to prevent unemployment and reduce and eliminate poverty. Some say this system will never work like it was developed. According to a national center for policy analysis Using Staffing Companies to Reduce Unemployment policy report by William B. Conerly “unemployment insurance discourages job search efforts” therefore influences how eager people are to aggressively search for jobs...
Words: 291 - Pages: 2
...guidelines to employers. The Family Medical Leave Act of 1993, the Americans with Disabilities Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was enacted, many employees faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous, intermittent or a reduced schedule. Employees are required to work for the company twelve months prior to requesting leave. During the twelve months,...
Words: 1762 - Pages: 8
...Company X may have violated certain federal acts. My analyses of the three situations are as follows: Situation A An employee with two years of service requested leave to be with his spouse as she was giving birth prematurely to twins. The requested leave was granted by a former manager under the FMLA guidelines. The employee has been on leave for eleven weeks and would like to come back to work. The employee is also requesting back pay for the eleven weeks that he has been gone. The new department manager has agreed to let the employee return to his previous position. However, the manager has denied the back pay for eleven weeks while the employee was on FMLA Leave. Under The Family and Medical Leave Act of 1993, there are three provisions that apply to the above situation. FMLA leave is job-protected leave. After returning from FMLA leave, an employee generally has the right to return to the same, or an equivalent, job with the same pay, benefits, and working conditions. FMLA leave is generally unpaid leave. However, an employee may substitute accrued paid leave (e.g., vacation or personal leave) for FMLA leave. Also, an employer may require an employee to substitute accrued paid leave for unpaid leave. An employee’s ability to substitute paid leave is determined by the terms and conditions of the employer’s normal leave policies. When paid leave is substituted for unpaid FMLA leave, the employee receives pay while on leave and receives the job protections of the...
Words: 1428 - Pages: 6
...violations of the Family Medical Leave Act of 1993 (FMLA), Age Discrimination in Employment Act of 1967 and the Americans with Disability Act of 1990. Situation A involves the Family Medical Leave Act of 1993 and Employee A. Employee A has been employed by our company for two years and requested leave to assist at home due to unforeseen complications with the birth of his twin children. He has been on leave for 11 weeks and has requested to return to work and be paid for the 11 weeks he was on leave. During his absence, his Department Manager, has left the company and has been replaced. The current Department Manager has granted his request to return to work, in his previous position, but is denying his request for back pay. Pursuant to Section 102(a)(1) FMLA 1993, Employee A was entitled to 12 work weeks of unpaid leave in any 12 month period, for the birth of his children or to care for his spouse. Also under FMLA Section 104(a)(1) (a) and (b), the employee is entitled to be reinstated by his or her employer to the position held by the employee when the leave started or be offered a position of like importance with equal pay and equal benefits. Section 104(2) states an employee taking leave under Section 102 shall not lose any employment benefits accrued prior to the date which leave started. Section 102(d)(1) and (2) are also relevant in this instance. Section 102 (d)(1) states if an employer provides less than 12 weeks of paid leave the balance of leave due may be...
Words: 1266 - Pages: 6
...of workers and provide guidelines to employers. The Family Medical Leave Act of 1993, the Act of 1990, and the Age Discrimination Act of 1975, provide clear guidance to employers and employees when addressing workplace concerns. Employees and employers must understand the requirements of each law to ensure proper implementation and avoid conflict. Situation A Family Medical Leave Act (FMLA) Congress enacted The Family Medical Leave Act of 1993 to balance the workplace and personal needs of employees (J. J. Keller & Associates, Inc., 2011). The act provides protection for employees needing to take time off to address personal health needs and those of immediate family members. The act also provides time off to men and women to care for a new baby. In addition, the act provides stability to employees. Before the law was faced the prospect of job loss if personal or family health issues prevented them from working. Employers must offer job protection to employees as long as proper notification and documentation is provided. Eligibility. There are specific eligibility requirements for Family Medical Leave. An employee is eligible for twelve work weeks of Family Medical Leave if the company has more than fifty employees, who commute within seventy five miles of the work location. Leave may be continuous, intermittent or a reduced schedule. Employees are required to work for the company twelve months prior to requesting leave. During the twelve months, a minimum of 1250 worked hours...
Words: 1667 - Pages: 7
...Analysis of Situation A It is necessary to establish whether the employee qualified for the leave and whether the terms as stipulated under the Family and Medical Leave Act of 1993 (FMLA) were actually met. The Act requires that for one to benefit from the leave he or she must have worked with the employer for more than 12 months. Employee A had worked for 2 years and it can be deduced that he had successfully completed at least 1250 hours at the work place. The rationale of the law is to make it possible for one to accomplish his professional obligations and personal ones without having to choose one at the expense of another. The reason for the leave must be for the care of a family member who has a serious health condition or one's own health condition. Employee A asked for the leave to take care of his wife who had prematurely given birth to twins. In fact, this is one of the reasons listed in the FMLA for this type of leave. It is not difficult to discern that this is a serious medical condition which requires continuous care of the patient. Therefore, employee A should not be subjected to any victimization or any form of bad treatment only on the ground of the leave. Shifting focus to the duration of the leave, an employee is entitled to up to 12 weeks of this type of leave, so long as the right paperwork is provided. Employee A had been out for 11 weeks, hence, was still within the statutory period of 12 weeks. Since the issue of paper work is not a concern under this...
Words: 427 - Pages: 2
...FAMILY AND MEDICAL LEAVE ACT Edward Hill JUNE 20, 2015 MGT 331 Professor Barnes Table of Contents I. IMPORTANCE OF FMLA PAGE 3 II. CURRENT SITUATION PAGE 4 III. ANALYSIS OF ISSUE PAGE 5 IV. CONCLUSION PAGE 6 V. REFERENCE PAGE 7 The Importance of Family and Medical Leave Act Family and Medical leave was passed with bipartisan support in January 1993 and was signed by President Clinton as the first accomplishment of his new administration. The overall intent of the act is to help employees balance work demand without hindering their ability to attend to personal and family needs. It was require for employers with 50 or more employee’s to provide unpaid leave for the birth, adoption or foster care of an employees’ child and for the serious health condition of a spouse, son, daughter or parent, or the employee’s own condition. The Act requires employers, both private and public, to provide eligible employees with 12 weeks of unpaid leave, continue health care benefits and provide job protection. An employee can be eligible for the FMLA if he or she...
Words: 1118 - Pages: 5
...Paper Work and Family Sociologists have been concerned with institutional friction between work and family systems in the industrialized West as far back as the 1960's, when Lewis and Rose Laub Coser first labeled both the family and workplace as “greedy institutions” that monopolized individuals’ time and energy. Although the problem has been framed in different ways at different times and places, the essential sociological insight that ties them all together has been that the personal difficulties individuals face in trying to fulfill both family and paid work responsibilities are socially patterned and somewhat predictable given the competing logics of industrial production and family reproduction. The FMLA has been praised for supporting employee work/life issues and engendering a family-friendly workplace. However, its successes have not come without problems. Since its inception in 1993, employers have found FMLA certification, administration, tracking, and compliance confusing and problematic. Employers have argued that the law's ambiguous language makes it hard to certify, track, and administer leave, particularly intermittent leave. When the FMLA became law in February 1993, most women and children's advocacy groups were elated. However, many business groups protested that the law, which allows employees at companies with 50 or more workers up to 12 weeks' unpaid leave to care for himself or herself, a newborn, a newly adopted child, or a seriously ill family member--would...
Words: 1839 - Pages: 8
...United States is the only country to not have a law granting paid family leave for mothers’ with a newborn. It was not until 1993, did the U.S. enact the Family and Medical Leave Act which allows workers time off to: bond with a newborn child; treat their own serious health condition; or care for a family member with a serious health condition. The intent for FMLA is to allow workers to balance family life with job obligations, but without wage replacement, many are unable to afford unpaid time off. Further, FMLA’s eligibility requirements exclude a substantial portion of the working population, primarily part-time, temporary, and vulnerable low-wage workers. Some states, such as California have taken action to ameloriate these pitfalls through paid family leave programs using state temporary disability insurance funds. California has been a frontrunner in many public health initiatives including being the first state to provide a comprehensive Paid Family Leave (PFL) program with “a wage replacement requirement for the time parents take to bond with a newborn or adopted child” (Cohen, 2011, p.2 ). This analysis will further examine California’s paid family leave program including its’ provisions, strengths, weaknesses, and its’ overall potential to be used as a template for future federal policy. Limited leave taking in the United States is largely a result of the eligibility restrictions for job-protected leave under FMLA and the inability to finance unpaid time off even if...
Words: 1819 - Pages: 8
...not Enough? The dynamics of the American family have changed. No longer is a working father, stay at home mother, and kids considered the norm. Even the definition of “family” has changed dramatically. Changes in the American “norm” raise an important question, “Should the Family and Medical Leave Act be changed?” to meet our communities evolving needs. In the United States, the current Family and Medical Leave Act (FMLA) only provides up to twelve weeks of unpaid leave, but compared to other counties with similar policies the act does not have enough coverage to protect the average worker and should be changed. A woman walks into her human resources office crying, asking to speak to someone. She is currently on FMLA leave to care for her sick child who has been diagnosed with leukemia. She is a single parent with two other children at home to care for as well. Even with insurance coverage, the bills are mounting because FMLA is unpaid and she has exhausted all of her personal time off (PTO). With her steady income cut-off, she is concerned how she will pay her bills. She has no close family to turn to for support and does not qualify for government assistance. Her story is just one example. According to the United State Census, in 2010 single parent households comprised about 9.6 percent of the total U.S. household population. There are about 10.4 million single-mother families and 2.5 million single father families. About 5.7 million, or 8 percent of the total...
Words: 4180 - Pages: 17
...Abstract Work-life balance effects families all over America. This paper examines many contributing factors that determine the work life balance of families and they include ethnicity, social status, type of work, work leave policies, flexibility of employers, and what industry employees are employed in. There are few government regulations that help with the work-life balance of employees. Most of the work-life balance decisions are made by the employee’s family structure and employers policies. When there are work life imbalances stress, spillover, and burnout occur at work and also effect the family. This literature review aims at looking at all the factors that contribute to the growing issue of work-life balance in America. Currently only one law, the Family Medical Leave Act (FMLA) passed by the United States (US) government gives employees unpaid time off for certain situations. The review reveals a lack of US government and private companies’ involvement in creating better work-life balance policies for employees. Work-Life Balance People across the United States struggle with work-life balance. Married and un-married people are just trying to make ends meet and provide for family. The same people have to make sure the house stays maintained and children are taken care of. Finding time for stress relieving activities or something enjoyable can be tough. Companies can help with work-life balance by providing certain policies to increase the satisfaction...
Words: 4643 - Pages: 19
...The Employee Retirement Income Security Act (ERISA) regulates the employee’s pension. The provisions under ERISA supersedes state and local laws. There are healthcare laws that protect those that may separate from their place of employment. Or those that are on temporary leave from work. This is covered under the Comprehensive Omnibus Budget Reconciliation Act of 1985, better known as COBRA. The Family and Medical Leave Act of 1993 (FMLA) applies to employers with 50 or more employees. It provides job protection for leave up to 12 weeks within a 12-month period. This Act is allowed for employees that must take time off to care for spouses, parents, or children with long term conditions that need care. The leave may be paid or unpaid,...
Words: 1591 - Pages: 7
...SPECIAL REPORT Top 10 Best Practices in HR Management For 2011 30610860 SPECIAL REPORT Top 10 Best Practices in HR Management For 2011 30610860 Executive Publisher and Editor in Chief: Robert L. Brady, J.D. Managing Editor–HR: Legal Editor: Editor: Production Supervisor: Graphic Design: Production & Layout: Patricia M. Trainor, J.D. Susan E. Prince, J.D. Elaine V. Quayle Isabelle B. Smith Catherine A. Downie Sherry Newcomb This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers.) © 2006-2011 BUSINESS & LEGAL REPORTS, INC. All rights reserved. This book may not be reproduced in part or in whole by any process without written permission from the publisher. Authorization to photocopy items for internal or personal use or the internal or personal use of specific clients is granted by Business & Legal Reports, Inc. For permission to reuse material from Top 10 Best Practices in HR Management for 2011, ISBN 1-55645-317-5, please go to http://www.copyright.com or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive...
Words: 23795 - Pages: 96
...MGMT 367: Business Law II Week 8 Discussion Assignment - 2 Parts Part 1 Chapter 44 covers real property law, but to fully appreciate the limitations to your real property rights, you need to understand the 5th Amendment Takings Clause (see pp. 114-118). The textbook provides excerpts from the Kelo v. City of New London opinion, but to fully appreciate this landmark case, I’ve provided a separate link to the Court’s opinion and a video that explains the case and its ultimate outcome. After reading and viewing the video, share with the class your viewpoint on whether eminent domain be used for “economic development” and whether you agree with the majority or dissenting opinions. I think it should be on a case –by- case basis. In the video we found out after Suzette’s years of struggle she finally lost her case, but the intended development never was completed. People were forced out for no reason. Using eminent domain the government can take from the poor and give to the rich. I understand that the Takings Clause is supposed to ensure that just compensation is paid. What is just if you have improved the land and held it for a lifetime? I would not want to be put out and have to start over for what a government entity calls just compensation. I think there are plenty of places that can benefit from “economic development” but “eminent domain” should be the last resort, due to this I agree more with the dissenting opinions in this case. When roads or bridges are needed...
Words: 9149 - Pages: 37
...began working on January 1. It is July 15, and the employee requires time off for a family emergency” (HRM/445 Course Syllabus). Family emergencies happen from time to time and require employees to take time off from his or her job. To take time off work an employee must be eligible to take such leave whether it is sick time, vacation time, comp time, or FMLA. “The Family and Medical Leave Act (FMLA) is the principal law governing the provision of leave to employees for parental and medical reasons” (Walsh, 2007, p. 312). Employees are entitled to FMLA leave when the following criteria are met: the employee has worked for the employer for at least 12 months before taking any leave, the employee has worked 1,250 hours during the 12 months before taking any leave, the employer has 50 employees or more, and the employee notifies the employer timely of the need for leave. Employees are required to give the employer as much notice as possible for the leave he or she is requesting. In the situation presented the employee would not be entitled to FMLA because he or she has not worked at least 12 months for the company before the need to take time off for a family emergency. The time off requested by the employee only states it is a family emergency and does not indicate what the exact emergency is. FMLA requires that a “qualifying event” must occur for an employee to be entitled to take leave. Qualifying events are birth of an employee’s child, adoption or foster care placement...
Words: 851 - Pages: 4
