...LIT1- Task #1 Provisions of FMLA: In 1993, congress passed the Family and Medical Leave Act, they developed this bill to assist employees that needed to be out for extenuating, planned, or unforeseen medical circumstances. To remove the fear and worry of losing one’s current place of employment. The creation of this bill gives, employees the ability to take up to 12 weeks of unpaid leave, although they do have the option of using all of their calendar year given vacation time to compensate themselves while on FMLA. Because employee A, fell into several of the major FMLA provisions, he had been granted the ability to take leave. How FMLA Applies: I do believe that the Family Medical Leave Act applies to employee A. As I have found, several areas that favor his rights to take FMLA. The birth of his children, the health of his children as they were born prematurely, and lastly he has the right as a spouse to take care of his wife and children. Although, he has the right to take leave, through the Act, this still does not require us as the employer to pay wages for the 11 weeks he did not work. We have followed the law, and the law says that we must hold his job, and continue to treat him as an employee that is on leave. Did we violate FMLA? I have found that no violation has occurred between us and Employee A. We have allowed employee A to take leave as he requested, we allowed him the full 12 weeks, although he wants to come back after only...
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...LIT1 Task 1 Part A SOLE PROPRIETORSHIP: A business that is owned by one person and is not incorporated. Sole proprietorships are easy to start. You don’t need a lawyer and you don’t need to register with the government except to obtain a business license or permit where required. * Liability: The owner is liable for all debts incurred by the business. His personal property can be attached. He is also responsible for any damage an employee may cause while working for him. * Income Taxes: The owner pays ordinary income tax on all profits. This can be an advantage because most of the time personal tax rates are lower than corporate rates. But, a sole proprietor will have to pay self-employment tax at a rate of 13.3% for the first $106,800 of income and 2.9% after that. The owner needs to register for an EIN (Employer Identification Number) if he will have employees. Payroll taxes need to be paid on employees. * Longevity/ Continuity: The business exists as long as it is financially solvent, the owner is alive, and the owner continues running the business. If the owner brings in another investor it becomes a partnership. * Control: The owner is solely responsible for all decisions concerning the management of the business. If they want to expand the business or end the business it's totally up to them. * Profit Retention: The owner keeps all profits and he also takes all losses. * Location: Different...
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...LIT 1-Task 2 Situation A Employee A has taken a leave for 11 weeks and is now returning. Under The Family and Medical Leave Act (FMLA), our employee is eligible to return to his position, schedule and pay grade. According to your memo, he is asking for compensation for his time while on leave to be with his spouse who delivered twins. Employee A’s leave was unpaid. Under the Act, all eligible employees are entitled to 12 weeks of unpaid leave. This is including but not limited to, the bonding time that our employee took. It would have been wise for his previous manager to review his rights and responsibilities under FMLA and provisions regarding pay prior to going out on leave. That said, the information regarding this policy would have been covered in his orientation at the time he started his tenure here. Additionally, the information pertinent to FMLA and pay is contained in or employee handbook which is available online and every employee has a hard copy for review at their convenience Employee A does have some options available to him. If he has unused, accrued PTO, vacation time, or paid sick time, we can look to applying that to his leave time. It may not cover the entire time he was out, but it may help his burden as he will be obligated to pay the employee health benefits he was covered with while out on leave. Also if the employee had any supplemental insurance he may want to speak with his carrier to find out if he is eligible for any awards form it...
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...LIT1 Task1 A1. The family medical leave act of 1993 guarantees an employee: - 12 weeks of leave in a 12 month period to care for a newborn or child within the first year of life. -12 weeks of leave in a 12 month period to care for their spouse, child or parent who has a serious medical condition. -12 weeks of leave in a 12 month period if the employee suffers from a serious medical condition and they are unable to perform the essential duties of their job. FMLA entitles eligible employees to take un paid yet job protected leave. A2. The employee is not entitled to pay for the 11 weeks that the employee was on leave. FMLA only guarantees the eligible employee 12 weeks off and protection of his job. The employee was allowed to take the 11 weeks off that he requested without loss of his job, position or salary rate. The employee was allowed up to 12 weeks of job protected leave within the first year of his childs life. His employer granted him the leave and his job was never at risk. A3. No violation has occurred in this scenario. The employee’s position and pay rate were held and kept the same. The employee was within the allowed time limit using only 11 of the 12 allowed weeks. B1. The age discrimination in Employment act of 1967 protects against: -Pre-employment inquires- The ADEA does not stop an employer from asking an applicant’s age or date of birth, but because this information may lead to denial of ...
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...Paula Moraru’s Submission for LIT1 TASK1 PART A SOLE PROPRIETORSHIP: It is an unincorporated business with one owner who pays personal income tax on profits from the business. With little government regulation, they are the simplest business to set up or take apart, making them popular among individual self contractors or business owners. The benefit of the sole proprietorship is the tax advantage. The disadvantage of a sole proprietorship is obtaining capital funding. - Liability: The owner is personally liable for claims against the business. If a sole proprietorship losses a lawsuit or otherwise finds itself in debt, not only will the business be liable for the debt, but the owner will be as well. - Income Taxes: As a sole proprietor...
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