As director of human resources at MAS Company, a company with over 75 employees, I am responsible for making sure that the company is in compliance with labor and employment laws. My job is to ensure that the company’s management team follows the federal laws pertaining to the employees. I also analyze situations which may occur within the company and determine if a violation of mandated federal laws has been violated. This week, the vice president of operations has presented to me three situations which required my expertise. I have read and analyzed the situations, and I have reviewed them with each manager involved from each situation. The situations and my findings are as follows.
Situation A:
After being on leave for eleven weeks to be with his wife, who has given birth prematurely, Patrick has submitted a request to his boss, Tom, to return to work. He has also has asked Tom if he could be paid his salary during his 11-week leave. Patrick has been given permission, by his new boss, Tom, to return to his old position at his old salary. However, Tom has turned down Patrick’s request to receive his withheld pay from his 11-week leave.
The provisions of the Family and Medical Leave Act of 1993 are as follows: “The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar year. If your company is a public agency, you are subject to
provide FMLA regardless of the number of employees employed. All schools, private or public, are considered public agencies.” (Vikesland, Gary, 1998-2006) For an employee to be considered eligible, he/she must have worked at least 1,250 hours and has worked for at least twelve months. In addition, a qualified employee is
