...Situation A - Family and Medical Leave Act Rules of the Law The Family and Medical Leave Act (FMLA) of 1993 was designed to provide employees with up to 12 weeks of unpaid job protected leave each year. During the leave, their group health insurance coverage will be continued with the same coverage as if they were not on leave. To be eligible the employee must have worked with the employer for at least 12 months and during those 12 months, worked at least 1250 hours. The employee must also work for an employer that has 50 or more employees within 75 miles of its location. Employees who are covered under FMLA are entitled to leave under certain situations. These situation are the following: Pregnancy and care for the child within the first year of birth; Adoption or foster care for a child; Care for a family member (child, spouse or parent) with a serious illness or injury; or To care for their own serious illness or injury. FMLA has three different kinds for leave Continuous Leave: This takes place when the employee has been treated by a doctor and is absent from work for 3 or more continuous business days. Intermittent Leave: This leave takes place when an employee takes time off work in blocks of hours, days or weeks. This type is more common with employees who need to have conditions that require ongoing treatments. Reduced Schedule Leave: This type of leaves results when an employee needs to work a reduced amount of hours in a day or week. When caring for...
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...Part A Sole Proprietorship: Sole Proprietorship is the easiest and least expensive way to start a business. You are in complete control of the business and are in control of all the finances. If you want to name your business anything other than your name you will need to register your fictitious business name with the State. You will register it by supplying your "Doing Business As" (DBA) name. There are also disadvantages of being a sole proprietor, you have unlimited liability and are legally responsible for all debts in the business. You will be using your personal funds and also may have to take out a bank consumer loan to maintain your business. You also can not attract outside partners to invest in your company: * Liability – If your business incurs debts you cannot pay, you are personally responsible for payment. Also, if you have personal debts, creditors can sue your business to satisfy your debt. * Income Taxes – You must report all business income or losses on your personal income tax return. * Longevity/Continuity – When the owner dies, the business dies with them. * Control – The owner is in complete control of the business. * Profit Retention – All profits are retained by the owner. * Location – Proprietor must follow all regulations of the State in which they reside. * Convenience/Burden – Sole Proprietorship is the easiest form of business to start up. General Partnership: General Partnerships are where two or more people...
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...LIT1 - Task 2 - 310.1.5-02,_11,_13_0912 Family Medical Leave act of 1993 The Family Medical Leave act of 1993 (FMLA) ensures that personnel of companies with 50 or more employees, who work within a 75 mile radius of those in need of the leave, are able to take time off in order to balance their personal obligations with their employment commitment. An employee will qualify for family leave if • they need time off for a serious health condition • or a close family member requires care because of a serious health condition and • they have worked for their employer for at least 1 year • and they worked at least 1250 hours for the employer in that year • and they notify the company • and fill out the necessary paperwork in a timely manner The leave requested by the employee is unpaid and the employer must maintain the employee’s benefits during their time of leave. When the employee is able to return to work they must be restored to the position they held when they began their leave at the same pay and benefit rate. If the employee cannot perform the job function they performed at the time of the leave request they must be given an alternative position at their previous pay and benefit rate. In our case since Company X qualifies as a company that needs to abide by the FMLA requirements and Employee A met the requirements for time off to care for his wife and premature twins, Employee A was permitted leave from his employment duties for this purpose. On Employee A’s...
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...Running head: LIT1 TASK 310.1.5-02, 11, 13 LIT1 Task 310.1.5-02, 11, 13 Western Governors University 1 LIT1 TASK 310.1.5-02, 11, 13 2 LIT1 Task 310.1.5-2, 11, 13 Situation A The Family and Medical Leave Act of 1993 (FMLA) contains several important provisions that are applicable and will be considered in Situation A. I have outlined these provisions below. First, according to U.S. Department of Labor, Wage and Hour Division, Fact Sheet #28 (U.S. Department of Labor, Wage and Hour Division, 2010), the FMLA applies to public employees such as state and local governments, some federal employees, and all private-sector employees. Since Company X is a private organization, it falls within the bounds of this act. Second, the act specifies a private-sector entity that employs more than 50 employees is subject to its regulation (U.S. Department of Labor, Wage and Hour Division, 2010). Company X currently serves as an employer for more than 75 workers and therefore its employees may utilize the benefits of the FMLA. Third, the employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for a spouse, son, daughter, or parent with a serious health condition; to take medical leave...
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...Western Governers University LIT1: Task 310.1.5 - 02 11 13 Situation A: The Family Medical Leave act of 1993 states that any employee who has been with the company for 12 months qualifies for job and salary protection as long as the company has at least 50 employees in a 200 mile radius. Since Company X employs 75 people it must meet the follow FMLA policy. Employee A qualifies for FMLA job protection since he has been with the company for 2 years prior to his qualifying family event. Birth and medical complications leading up to it are qualified reasons to request FMLA however, the act states employees may take up to 12 weeks of unpaid leave. There is no requirement under FMLA that leave be paid, any compensation to the employee during their leave is a voluntary act by the employer. Therefore, the denial for his 11 weeks pay is not a violation of FMLA. The managers actions were appropriate and with in the law. Situation B: The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees 40 years of age or older. Given the glowing performance review of the 67 year old employee that was turned down for the promotion it is apparent that age discrimination was probably in effect. The violation possibility is amplified by the fact that the 38 year old promoted person was much younger and had a lower performance review. This employee could report or sue the company for ADEA violation. Situation C: The company has violated Title I of the Americans...
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...Student I.D. E-Mail: Western Governors University LIT1: Task 310.1.5-02, 11, 13 Situation A: The employee’s FMLA right was satisfied when he was granted the leave by the company. The employee has been employed at the company for two years prior to his request, which clearly fulfills the requirement of working a total of twelve months before the leave must be granted by the company, which employees more than fifty employees. The request for leave was for birth care, which is a valid reason to request FMLA. All of the applicable provisions of the FMLA were adequately met for this particular employee. FMLA grants twelve weeks of unpaid time off and guarantees that the employee will then be able to return to the same job at the same rate of pay. FMLA provisions do not require paid time off as a mandatory action for the company; therefore, the employee cannot expect the company to pay eleven weeks of withheld salary and the company has not violated any FMLA rules by denying that specific request. Situation B: It is apparent the 68-year-old employee is performing his work duties adequately. The employee has an above average rating; therefore, it cannot be argued that his age is affecting his quality of work. Nothing to suggests that his work does not meet the standards of the company. This is an example of why the Age Discrimination Act of 1967 is so important and necessary. This given situation is an obvious violation of the Act. The employee is over...
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...000400693 Ardoin LIT1 Task 310.1.5-02, 11, 13 Situation A: This situation consists of an employee who has been employed with a company for two consecutive years. This employee’s spouse recently gave birth prematurely to a set of twins. Based on these circumstances, the employee chose request a leave of absence from work, in which he was granted. The employee remained on leave for 11 weeks, at which time he requested to return to his previous role with his employer, and in addition he also requested 11 weeks of back pay for the time that he was out on leave. The employee’s previous manager left the company during the duration of the leave, and was replaced by a new one. The new manager allowed the employee to return to his place of employment as well as maintain his previous pay rate. Given the provisions stipulated in the Family Medical Leave Act of 1993 (FMLA), the following will provide supporting evidence as to how the FMLA relates to the facts outlined in this particular situation. The employee was rightfully granted leave based on FMLA, which states that an employee is entitled up to 12 weeks of leave, upon the completion of one consecutive year of employment, for the birth of a child and other domestic hardships. Considering that the employee returned to work within the 12 week timeframe, and was given his previous role with comparable pay, it is fair to say that this action aligns with the provisions of the FMLA. On the subject of back pay for the 11 weeks that the...
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...LIT t Carlos Alvarez Student ID # 000224916 Western Governors University LIT1 Task 2 310.1.5-02, 11, 13 Situation A The Family and Medical Leave Act of 1993, states that all companies with 50 or more employees must offer an unpaid leave of absence to employees to take care of the birth or adoption of a child, personal, or family illness. An employee must have a minimum of 12 months of continuous employment or at least 1,250 hours on the job. Under the act, an employee may take up to 12 weeks off on an unpaid leave. In accordance to the act, the employee will be allowed to return to their previous job, at their previous rate. If for some reason their job was occupied, we must provide the employee with a different position at the same pay rate as their previous job. Our company currently employees over 75 workers; therefore, we must comply with act. We must also comply with The Family and Medical Leave Act of 1993 because the Employee A has been with the company for more than 12 months. The fact that his wife gave birth prematurely has no effect on the employee’s request. The request for Employee A to return to their previous job with their previous pay rate has been rightfully granted, because the employee meets the requirements stated in The Family and Medical Leave Act of 1993. If the position has been occupied, then we must give the employee a different position with the same pay rate. In regards, to Employee A’s request for the pay that was withheld...
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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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...LIT1: Task 310.1.5-02, 11, 13 Part A Sole Proprietorship: This form of business is the most common form of new business startup. Legal and tax issues are basic and can be followed without significant assistance from external sources. The business and owner are one in the same and all liabilities will fall upon them personally. The primary key to being a sole proprietor is the owner maintains independence in the decision making of the business and how he or she implements their business plan. LIABILITY: Individual and the business are treated in the same manner. The sole proprietor holds responsibility is for all losses and profits and has the additional responsibility of being personal liable for all actions of the business. INCOME TAXES: The sole proprietor profits are taxed as their personal income with only minimal tax incentives compared to other business models. Business profits or in the case of losses must be reported as personal income tax. LONGEVITY/CONTINUITY: Sole proprietorship can end their business at anytime without legal formalities. CONTROL: An SP business is operated as a single business owner. The control of the business cannot be given to anyone else. PROFIT RETENTION: The profits of the business belong to the owner of the business and are not shared. LOCATION: A sole proprietor is not limited to where it can operate within the United States. Only localized codes and regulations can affect where the business can be located. CONVENIENCE/BURDEN: Sole...
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