...Law, Ethics and Corp Governance Case study Name: Instructor’s Name Course Title: Family Related Issues Date: 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. According to laws formulated by the same idea, it should not matter; all the biological aspects should be purely entitled to the biological parents and in regard to (FMLA) family, medical leave act. If by any chance there exists evidence that the infant does not belong to either of the parents or in this case to one of the parent, the advantages provided by FMLA can be entitled to the biological parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. This can affect Toney’s eligibility, reasons being that constraints will have to be made on his absence. The company will have to find someone to replace tony, or rather they will have to make other employees go for overtime hours, and this is solemnly going to increase the expenses of the company. Thus Tony’s eligibility will be highly noticed under FMLA. Explain whether 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. Tony responsibilities must be fulfilled with or without his absence. The company must continue working...
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...medical emergency. In this informa-tional paper, I will discuss the 4 major reasons for implementing of the FMLA. I will begin with what is FMLA, that is a thorough definition of FMLA and what it was originally intended for. Then I will proceed with the why of FMLA. Why was this act proposed and why was it passed into law. Next, I will discuss how the FMLA works. How is it supposed to work and is it actual-ly working? Included in this, I will present some case studies to that will present different as-pects of FMLA. And finally I will discuss who uses FMLA. Who was it intended to help, who it is actually helping and who it is harming. Also, I will present case studies that will either confirm or deny if the FMLA is working. Finally I will offer some possible solutions to help to fix what is broken with FMLA and even possibly offer some suggestions for further research on FMLA. Introduction FMLA is designed to allow certain family members up to 12 weeks unpaid leave for family emergencies. It was enacted in 1993 but has had some changes made to it due to legisla-tion. FMLA was originally designed to cover both employees and employers. Since its inception, there were some issues with it and the government and several other agencies have worked to-gether to attempt to make FMLA better and more manageable. All employers with 50 or more employees are "covered employers" under FMLA, the same is true for public employers of primary and secondary schools, regardless of the number of...
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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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...Abstract The purpose of this paper is to demonstrate my grasp of the learning objectives The Family and Medical Leave Act (FMLA) of 1993 is an act that was passed during President Bill Clinton administration. The bill was signed into law on February 5, 1993 and took effect August 5, 1993. The law was created for the purpose of protecting employee jobs in the event that they have a family emergency that requires the employee to be away from their job for an extended period of time. The Act was also created to offer a work-life balance to employees. It allows the employee to balance the responsibilities that they have at work as well as with their families. This more so became an issue because the traditional landscape of the workforce began to changed. Where years ago, the norm was a two-parent one-income family this is no longer the case. Young mothers, single parents, and two–income families has now become the norm for the current workforce. With the aging of the “Baby Boomers”, the burdens of their living and in some case death expenses are carried by their children. Many individuals in the workforce serve as caregivers for their elderly parents. Also, as it relates to single parent families, they have to deal with the pressures of taking care of all the responsibilities that was traditionally done by two individuals. Single parent families have to deal taking care of sick children, pregnancy, and other events that may require time away from work. These employees are...
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...Why the Current FMLA Policy is not Enough? Annette Fininen Prof. Davenport ENG 215 May 26, 2013 Why the Current FMLA policy is 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...
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...Arising from the FMLA of 1993 Several challenges and issues have emerged from this Act. To begin with, many women have become more victims of discrimination because of the requirements of the Act. This is the case because many companies have been ignoring women whenever hiring specific professionals. According to such companies, women will definitely benefit the most from this law because they will have to take care of many children and relatives. Studies have confirmed that many women are single mothers (The Family and Medical Leave Act of 1993, 2015). This situation makes them prone to different problems. Such women should also be provided with unpaid leaves every year. Legal experts have argued...
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...LIT1 Task 310.1.5-02, 11, 13: Labor and Employment Law In the United States, several laws have been enacted to protect the rights of workers and provide 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...
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...Employee Safety, Health and Affirmative Action Law Paper MGT 434 Employment Law FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as twelve weeks of unpaid leave from work in a one year interval. The leave may be for the delivery of a baby, adoption of a baby, taking care of a loved one who is unwell, or in case the worker has a severe illness stopping the worker from fulfilling her or his job requirements. (Vikesland, 2006) As per the Department of Labor ‘workers should provide the company with fourteen to thirty days advance notice when the requirement to take FMLA is imminent’ (DOL, 2010). If the advance notice to the company not be possible, the worker “should provide notice as quickly as possible and practical and the worker usually should abide by an employer’s normal call-in protocols” (DOL, 2010) The company should maintain the health benefit coverage or premiums of the worker when the worker is on FMLA leave under the group retirement plan policy just as if the worker were still doing the job. Once the worker comes back to work, equivalent pay, worker benefits along with other employment factors are restored. The eligibility needs for the worker under FMLA are “working for a covered company for a minimum of one year, 1250 hours during 12 months and with a minimum of fifty other workers hired within seventy five miles with the same company” (DOL, 2010). Companies might not meddle, restrict or refuse workers of...
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...your paper. Substandard draft papers submitted without a completed research worksheet cannot earn a grade. Enjoy researching, paraphrasing, and citing other authors using this research worksheet! Worksheet Components: • Problem Statement and Key Words FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. Family medical leave Paid time off Employee benefits Library Research, Source #1 Capella library Internet Research, Source #1 www.google.com References and Finalizing Unit 3 main post. • www.dol.gov/dol/topic/benefits-leave/fmla.htm • Library Research, Sources #2 and #3 • http://site.ebrary.com.library.capella.edu/lib/capella/docDetail.action?docID=10103868&p00=employee+benefits • The employer's legal handbook (0-87337-499-1, 978-0-87337-499-6), 3rd National ed. / Steingold, Fred. • Nolo Press, 1999 • Internet Research, Sources #2 and #3 • www.fmla101.com/fmla-basics/fmla-eligibility.html • www.faegrebd.com/9420...
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...In the United States, several laws have been enacted to protect the rights 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...
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...change, revoke, or suspend any or all of the policies and/or benefits what are described in this handbook. C&C is a at-will employer and may terminate employment at any time, without reason, with or without prior notice. This handbook will replace and supersede any and all prior policies, practices and understandings. C&C will only have non-disclosure documents that are confidential agreements and that are signed during your employement. Equal Employment Opportunity Policy C&C is commited and please to offer equal employement opportunities to all that apply and to all current employees. C&C will comply to all applicable equal opportunity laws, affirmative action laws and any other laws that are applicable to equality opportunities to employees. All State, Federal, and Local governing laws will be strictly upheld and under no circumstances will the organization willing or knowing commit to such acts. All will have equal opportunity for employment, promotion on all levels, lateral moves and training. C&C will never disqualify any individual on the basis of race, color, creed, religion, sex, national orgin, ancestry, marital status, disability, age, sexual orientation, or affectional preference, miliatary status, or Vietnam era veteran. The company will only hire, recruit, train and promote on all job levels the most qualified individuals based on experience, education,...
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...opportunities. Absenteeism causes throuput to be interupted because of less talented employees having to step up. Quality suffers, createing unsatisfied customers. Also, Overtime is generated due to rework or additional production, this is a financial hit on the bottom line, and the extra manpower generate additional cost of salary and benefits Attendance policies vary from one manufacturing facility to another. The effects are over whelming to each group for a variety of reasons. Whether union or non-union, these policies allow companies to curtail an attendance problem, which allows for a minimum back lash from shareholders, due to declining profits resulting from poor attendance. Our recommendation to tighten the attendance policy and FMLA policy will enhance attendance, adding a raise in bonus for end of year perfect attendance will give incentive to employees to come to work TABLE OF CONTENTS EXECUTIVE SUMMARY …………………………………………………………………I INTRODUCTION: CAUSES FOR...
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...Reflective Summary: Review and reflect on the Health Insurance Billing and Reimbursement Discussion Board. Based on your review and reflection of new learnings in this course, write at least 400–600 words on the following: * What have you learned from others' responses? * What were the most compelling points from the interaction with your fellow students? * How did participating in this discussion help in your understanding of the Discussion Board task? * What approaches could have yielded additional valuable information in the students' networking? * What is still unclear after the discussion with your classmates that needs to be clarified? During week ones discussion board assignment, we discussed the different types of health insurance billing and reimbursement methods. This discussion board assignment required taking the time to research the history of health insurance and how it has evolved over the years to the system that we know it as today. By utilizing the discussion board portion of this class, I was able to learn many things from my classmates’ postings. I learned the many different methods of healthcare reimbursement that is still currently used today. I learned the history of health insurance, and why it was developed for the patients in the first place. I also learned many different views and opinions of my classmates that allowed me to reconsider and further educate myself on the views of the future of the healthcare industry. The most...
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...and fair treatment of potential, current, and past employees. Most Human Resources Departments have different roles and processes it is responsible for. The Human Resources Department also is expected to ensure that there are processes in place that help hire and retain employees. There is a need for employees that will provide the best possible care and increase patient satisfaction. Human Resources needs to have process in place that will reduce turnover, for hiring people who are a good fit, focuses on retention of top employees, and improves employee engagement (DiPietro, 2012). FMLA One specific process that Human Resources is responsible for is the Family Medical Leave Act. The Family and Medical Leave Act (FMLA) of 1993 allows “eligible” employees 12 weeks of job-protected, unpaid leave in a rolling 12 month period ("FMLA," 2009). There is a need for compliance with the law as it relates to this act that the Human Resource Department is...
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...WORK & FAMILY PROGRAM POLICY PROPOSAL WIN-WIN FLEXIBILITY By Karen Kornbluh* Introduction Today fully 70 percent of families with children are headed by two working parents or by an unmarried working parent. The “traditional family” of the breadwinner and homemaker has been replaced by the “juggler family,” in which no one is home fulltime. Two-parent families are working 10 more hours a week than in 1979.1 To be decent parents, caregivers, and members of their communities, workers now need greater flexibility than they once did. Yet good part-time or flex-time jobs remain rare. Whereas companies have embraced flexibility in virtually every other aspect of their businesses (inventory control, production schedules, financing), full-time workers’ schedules remain largely inflexible. Employers often demand workers be available around the clock. Moreover, many employees have no right to a minimum number of sick or vacation days; almost two thirds of all workers – and an even larger percentage of low-income parents – lack the ability to take a day off to care for a family member.2 The Family and Medical Leave Act of 1993 finally guaranteed that workers at large companies could take a leave of absence for the birth or adoption of a baby, or for the illness of a family member. Yet that guaranteed leave is unpaid. Many businesses are finding ways to give their most valued employees flexibility but, all too often, workers who need flexibility find themselves shunted into part-time...
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