...As the director of human resources of Company X, it is my job to make sure that we as a company are in compliance with pertinent federal laws regarding the treatment of employees. Three situations have come to my attention, and I was asked to analyze the three situations and submit a report regarding whether certain federal acts may apply, or may have been violated. Situation A : Employee A has been with our company for two years. Employee A spouse just gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and has asked to be paid the salary withheld from his 11-week leave. The new manager has agreed to Employee A’s return to the previous job, atthe previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary. Under the Family and Medical Leave Act of 1993, it states the requirements that provides certain employeeswith up to 12 workweeks of unpaid, job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. (Www.dol.gov2014) Employee A meets the eligibility of the FMLA, he has worked for the company for at least 12 months, and our company has over 75 employees. He has accrued leave entitlement, which was granted to the employee. He is eligible to take 12 workweeks of unpaidleave for the birth of his...
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...for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. It does not matter in the case if the parent is biological or not. A parent is a caregiver. Under the FLMA you are entitled to 12 weeks of unpaid, job protected leave. Because a biological parent did not provide formal care for the child, the child can still use Family leave to care for a seriously ill parent. In Tony’s case he can take time off to care for his father after his surgery. Tony can take the time needed to address his mental and physical needs of himself and his father without risk of losing his job. However just to request time off under the Family leave act to move a parent is not an acceptable leave request and can be denied. If the leave requested is to care for an ill parent then his request under the Family leave act cannot be denied. Under the Family leave act a parent is considered a person who has assumed the responsibilities of caring for a child. Under FLMA the term in loco parentis refers to a person who assumed the relationship with a child in which he or she has no legal or biological connection. So it does not matter whether or not that parent has anything to do with a biological child, they are still eligible to take advantage of the FLMA. Even if Tony’s father had nothing to do with him as a child, Tony can still take leave under this act to care for his seriously ill father. In order for Tony to use his requested leave he will have to...
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...Employees are protected and qualify for FLMA, if: • The employee has worked for the employer for twelve months, and within those twelve months worked at least 1,250 hours (when calculating hours, previous days and hours of reported absences...
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...who has a serious health condition. If this employee has a health condition that makes him/her unable to perform the essential functions of his/her job, this is definitely a reason for medical leave under the FMLA. These are just a few reasons that would enable an employee to receive medical leave covered by the Family medical Leave Act (FMLA). Former to this Act if an employee need time off to take care of their spouse or children the decision was in the hands of their employer. The employer had the leisure of giving the employee the leave. Also, if the employee felt that this was too little time granted the employer was able to terminate the employee. Before passage of the FLMA, most employers could allow a limited leave for women to take care of their child. Policies before the passage of the FLMA basically did not support the leave of employees to take care of their family for medical reasons. Of course that has now changed since the passage of the FLMA’s new...
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...John Daniel Phillips, aka Mr. Philips, has requested 12 weeks of leave under the Family and Medical Leave (FLMA)--29 U.S. Code § 2611 to care for his companion which is dying of AIDS. Because costs associated with continuing to provide the employee with benefits and hiring and training temporary replacements are high, CMC must make a decision as to whether Mr. Philips’s qualifies for FLMA and if he decision would cause undue hardship on the company. Mr. Philips’s request for leave under 29 U.S. Code § 2611 meets some of the eligibility requirements, but not all of them. He has worked for the organization the past 12 months) and has also worked more than 1,250 hours during that time period. However, he is requesting the leave to take care of someone with a terminal illness that is not his legal spouse, child, or parent....
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...TO: Supervisor FROM: Andrew ToussaintDATE: January 27, 2016RE: Applicability of Greene’s Jewelry Wholesale, LLC vs. Lawson MEMO INTRODUCTION Jennifer Lawson, who was rightfully terminated during Greene’s Jewelry Wholesale’s downsizing effort for consistent tardiness throughout her three years of employment with Greene’s Jewelry Wholesale, breached the confidentiality agreement to not share any information regarding the process used to create “Ever-Gold,” by sharing key process elements in producing Ever-Gold to a competing business named Howell Jewelry World. Ever-Gold is the primary asset of Greene’s and is sold exclusively through Greene’s. Greene’s employed 502 individuals and was exclusively located to the state of New Hampshire at the time of Lawson’s employment with Greene’s. CLIENT CASE FACTS AND LAWS Facts Regarding Unlawful Termination All of Lawson’s annual reviews indicate that she was consistently late to work by 15-30 minutes. Lawson learned she was pregnant and requested extra time off from the Greene’s Head of Human Resources, Lisa Peel. Peel informed Lawson of her termination with Greene’s, by verbally communicating "Congratulations Jennifer! That is exciting news for you. We do not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our junior executive secretaries.” Lawson cleaned out her work space and returned home the same day...
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...Benefits – Health and group benefits, Paid time off to include vacation and sick leave, Retirement, workmen’s compensation, FLMA (1993), HIPPA (1996) Career – Training and Development, Lateral career move, employment stability, performance management, job coaching, mentoring, skill development, education. Work-Life – refers to programs carefully designed to help employees do their job by offering flexible scheduling, telecommuting, childcare programs, etc. ; thus organizations must realize work – life is an integral part of total rewards. I do believe that in order to adequately have all necessary components of a total rewards strategy program a creative team needs to be put in place, this group is necessary to get suggestions, recommendations, ideas by conducting focus groups, surveys and various assessments. Explain the advantages of the total rewards strategy you are proposing and how it might satisfy the employees’ needs. The advantages of a total rewards strategy are at times viewed as a holistic approach because it aligns itself with the business strategy and people strategy; it also encompasses everything employees value in their employment relationship like compensation, benefits, development and the work environment. However, the top five advantages of a total rewards approach is 1) flexibility, the creation of different rewards packages because it needs to be both transactional and relational awards which allows a blended mix of emotional and motivational needs of the...
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...Task One Western Governors University Situation A: Family Medical Leave Act of 1993 FMLA entitles eligible employees up to 12 weeks of unpaid leave per year. An eligible employee must have been employed with the company for a minimum of 12 months. The company must have 50 or more employees. An eligible employee is entitled to FLMA for the the birth or adoption of his or her child, a serious health condition of employee, or the employee’s immediate family member. Immediate family members consist of one’s spouse, parent or child. Employee A is eligible for FMLA because his wife has just given birth to their twin newborn children. He has worked for the company for two years. He requested FMLA and it was granted. Employee A only used 11 weeks of FMLA. There was not a violation of the Family Medical Leave Act in situation A. Employee A was granted FMLA. He took an 11 week leave of absence to be with his wife after her giving birth of their newborn children. Employee A asked to return to work. He also to be paid for the 11 weeks he used FMLA. Management has that Employee A can to return to his previous job, at the same rate of pay. The new manager did not agree to pay Employee A for the eleven weeks that the employee used for FMLA. Under FMLA guidelines, he is not entitled to a paid leave, unless it was stated in a contract. In this case it was not. Situation B: ADEA of 1967 ADEA stands for Age Discrimination in Employment Act of 1967. It was enacted to protect people...
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...Situation A The Family and Medical Leave Act (FMLA) provides qualifying employees with up to twelve weeks of unpaid, job-protected leave per year (“Leave Benefits”). Also, the FLMA requires that an employee’s group health benefits be maintained during the leave. Additionally, the Act allows for accrued paid time off to be used during the leave, allowing the employee to receive some sort of income. The FMLA applies to the first situation in the sense that an employee took a job-protected leave to care for a newborn child. Employee A works for a company with over fifty employees and has been granted leave, even though it was sudden. He took an eleven week leave – less than the twelve week maximum - therefore his job was never in jeopardy. The new manager is required to accept Employee A’s return because that was guaranteed when the leave was granted. Under the laws of the FMLA, the manager is unable to terminate the employee while he is on leave because the Act protects his job. Also, the FMLA protects Employee A since he has worked for the company for at least twelve months. As previously mentioned, the FMLA is an unpaid leave, therefore the manager’s denial of Employee A’s request is valid. When returning from leave, all which is guaranteed is the same job and pay thus, no violations were committed in Situation A. Employee A could have used his accrued paid time off, even for a portion of his leave, in order to receive some income but, the FMLA does not require an...
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...Medical Leave Act (FMLA) to care for that parent. Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to car for the biological parent. Family and Medical Leave Act (FMLA) does not place stipulations on granting leave for a parent based upon financial or physical responsibilities. As stated by Halbert & Ingulli, the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion, Herman violated the FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave. Many employees may have negative feelings toward family members,...
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... Legal LEG 500 November 01, 2011 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based upon financial or physical responsibilities. Lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion, Herman violated the FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave. Many employees may have felt bad but, yet, they still have the love for their family members, especially biological parents. A good example could be inferred from ANTHONY G. MARTIN, versus BREVARD COUNTY PUBLIC SCHOOLS, Florida case, 2008 where Mr. Martin had to take care of her newly born granddaughter using FMLA leave as a loco parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA The Family and Medical Leave Act (FMLA) act of 1993 applies...
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...Researchers have identified a number of specific organizational barriers. The barriers included in this entry are gender role assumptions, lack of national policy, rigid schedules, lack of management support, and corporate culture. These barriers do not operate independently, but rather work hand-in-hand in preventing organizations from achieving a family-supportive environment. One barrier that prevents organizations from implementing family-supportive policies concerns prevailing assumptions regarding gender roles and their relation to work and to family (Thompson, Thomas, & Maier, 1992). Thompson et al. refer to this as the "masculine ethic" in organizations. Workplaces and their reward systems are still generally built around the male model of work. Guidelines for achieving success in organizations (e.g., assertiveness, competition, heroic action) are closely associated with conventional images of masculinity (Rapoport, Bailyn, Fletcher, & Pruitt 2002). The "ideal worker" is one who works full time and overtime and takes little or no time off from work for childbearing or child rearing (Williams, 2000). The persistent view regarding the career patterns of men and women is that women are more committed to family than to work, and that men are more committed to work than to family (Cook, 1994). Consequently, family supportive policies continue to be seen as policies primarily designed to "help" women (Lewis, 2001). Another barrier mentioned by Thompson et al. (1992) is...
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...Assignment #2 – Family Related Issues Dr. Rodgers Law and Ethics – LEG 500 July 29th, 2011 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Family dynamics plays an important on various roles in our day to day lives as well as our careers. Every family has their own ways of deciding who has the power and authority within the family unit, and which rights, privileges, obligations, and roles are assigned to each family member. However not all families are structured in this matter. In this case study, an employee Tony who is employed at an Auto car dealership informed his boss that his father is ill and needed surgery. Tony stated to his boss Herman that he would like to take a leave of absent to care for his terminal father; Tony also disclosed to his boss the non existing father/son relationship to Herman who told Tony that he could lose his job if he decided to take a leave of absent. The family and medical leave act established to help employees keep their benefits and jobs attending to family and serious medical issues. The Family and Medical Leave Act (1993) states that, a parent is either the biological parent or the person who acted as the parent when the employee was a child. A son or daughter is either biological, adopted, under foster care, a stepchild, a legal ward, or any child that the employee is assuming parenting...
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...LIT1 Task 2 Part B As director of the human resources at Company X I have evaluated the three given situations regarding the Family and Medical Leave Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. As head of the oversight hiring and employment practices at the company it is my responsibility to insure Company X is in compliance with the federal regulations against discrimination in hiring, employment, and federal law regarding the treatment of employees. These are my observations: Situation A: Employee A’s wife gave birth to twins prematurely and has requested leave; he was granted the leave and has taken 11 weeks off. He now would like to return to work, and has asked to be paid his suspended salary from the 11-week leave. During employee A’s leave the previous department manager left the company, the new manager has agreed to Employee A’s return to the same job, and same pay rate as before, but has denied request for 11 weeks of withheld salary. Situation A falls under the Family and Medical Leave Act (FMLA) of 1993. This Act facilitates 3 basic rights: the right of up to 12 weeks of unpaid leave, the right to return to work, and right to benefits while away on leave, however; there are limitations to this act. Both public and private employers are subject to FMLA requirements if they have more than 50 employees, eligibility to FMLA leave requires that employee have 1 year of employment with the company, at least 1...
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...The Family and Medical Leave Act (FMLA) of 1993 were established to assist employees with balancing work and personal life. The law was designed to give employees the assurance of not losing his or her job in the event one needed to take leave of absence to care for a family member or his or her own personal illness. The following report provides information about a scenario that occurred at Fade In-Interior Auto Dealership. First, this report explains if it matters that a parent literally having nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Second, this report will explain whether the size of the business can have any effect on whether an employee Tony who’s employed at Fade In-Interior Auto Dealership is eligible for family leave under the FMLA. Third, this report explains whether the owner Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns. Fourthly, this report will describe who is covered by the Family and Medical Leave Act of 1993. Lastly, this report will explain the extent to which an employee can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act. Explain if mattes that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent ...
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