...& Benefits During Leave This document either (1) integrates California and Federal law into one answer for the California library or (2) covers Federal law only for the National library, which applies to all states. The active profiles listed above show which library applies. For the National version, the federal laws set the minimum requirements for employee rights and employer obligations. However, your company may be subject to additional rules, depending on state and local laws, court decisions, or agency regulations. And, whether your company is in California or another state, if the company provides more generous terms through an oral or written contract, a collective bargaining agreement, or company policy, the company must comply with those terms. RELATED INFO/FORMS: Note: This document applies to all employees, whether exempt, non-exempt, full-time, part-time, temporary, new, or regular.1 GENERAL RULE ON PAY AND BENEFITS DURING LEAVE Employers must give employees time off from work for a variety of reasons (such as for jury duty and workers' comp injuries). Besides these mandatory leaves, many employers provide other, optional leaves (such as vacation, sick, and holiday leave). See Memo 2800 Employer's Duty to Provide Leave & Time Off. Note: If employees are entitled to take leave, employers generally must reinstate employees returning from leave to their prior pay and benefits. See Memo 2807 Employee's Rights Upon Reinstatement from Leave. Generally, employers...
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...Burnett Hon Eng 10 Period 6 28 April 2018 The Fight for Family Leave Ali Phetteplace, “waited six years between having her two children in part to accrue enough time off for an adequate leave, but health issues left her on the negative side of the ledger… she will have only eight days of paid for when she delivers her baby” -The New York Times. Everyone needs to be relieved from work at some point to attend to family members in need, for personal health reasons, or to care for a newborn child. For decades, family leave has not been an option for several employees. Throughout the years, the fight for paid family leave has been a constant struggle for women, but nothing substantial has been done. Family leave promotes child bonding, improves...
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...maternity leave in the U.S. and discusses both pros and cons to leave policies and the difficulties women have in the workplace as it relates to maternity leave. Maternity leave is a big issue in this country. Many political aspects to this issue are being dealt with and the hope is that women will benefit from the awareness of changing maternity leave policies throughout the U.S. Eight articles were reviewed and summarized in the annotated bibliographies below. These articles were found using the databases that were discussed. We chose these sources because they had to do with the idea of women’s rights involving maternity leave. The sources are put into three subheadings. The first subheading is The Family and Medical Leave Act, which talks about what rights women have concerning maternity leave. The second subheading is the Effects of Childbirth, which discusses the problems with childbirth. The third subheading is Changing the System, which talks about why the system should be changed and the benefits that come with changing it. Annotations: The Family and Medical Leave Act Kaufman, Gayle, Clare Lyonette, and Rosemary Crompton. "POST-BIRTH EMPLOYMENT LEAVE AMONG FATHERS IN BRITAIN AND THE UNITED STATES." Fathering 8.3 (2010): 321-40. ProQuest. Web. 5 Oct. 2015. This study compares the policies of paternity leave in the United States and in Britain. Studies show a positive correlation with father involvement, however in the United States, not all fathers qualify for leave and...
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...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 U.S. household population. There are about 10.4 million...
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... * Vacations * Leaves of Absence * Travel Allowances * Expense Reports * Overtime Vacations All employees will be eligible for paid vacation leave. The use of vacation time will begin on the first day of employment and the amount of time allowed will be based on the number of years of full time employment. This policy will not be allowed to those employees who are on an unpaid leave of absence. To schedule vacation time, employees must submit a completed vacation leave form to their supervisor at least one month before the expected time of leave. The following should be taken into consideration before requesting vacation time: * Employees should make certain that they have enough vacation leave available to fulfill the dates requested. * All request must by approved by the employees supervisor. * Factors such as short staffing and work overload will cause the request to be denied, and the supervisor will provide an appropriate reason in this instance. Vacation time will be paid at the employee’s normal rate of pay, and overtime pay will not be included. If the employee’s vacation time falls during a holiday, that day will not be included in the time taken off. Leave taken beyond an employee’s available vacation balance may be unpaid unless otherwise required under state or federal law. If employment is terminated, any unused vacation time will not be paid. Leaves of Absence Employees planning to take time...
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...Research Question What are the research findings that are published regarding the effects of paid family and medical leave in California & New Jersey and how does this research educates future paid family leave and medical leave in the State of Florida. This research will suggest how paid family and medical leave policies increase worker retention and increase the use of leave of some workers, and the implementation of these policies can be improved with regards to increasing awareness Theoretical Frame work/model The first state to pass and implement a paid family leave policy was California in July, 2004. California, New Jersey, Rhode Island, and now New York (2018) are four states exist of paid leaves. At some point of employees working lives the need for paid family and medical leave is high, which can be beneficial nearly to all of them. Paid family leave means long term leave to care for ill family members, as well as when a parent has a new child, that fully or partially replaces the wages of workers. Paid medical leave means for self-care of own serious illness, which includes pregnancy. It can be...
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...where the working arrangement is limited to a certain period of time based on the desire of the employer, the temporary worker is hired to assist employers to meet business demands but allows the employer to avoid the cost of hiring a permanent employee, it’s usually the employer that benefits from employing temporary workers. Temporary workers can also be employed on a full time or part time basis dependant on the employer’s requirements. Temporary employees rarely receive any benefits from the employer or the job security afforded to permanent employees, a temporary assignment can end at any time depending on the employer’s needs. Fixed Term: This is a contract with a start and end date fixed term workers are often employed to cover a leave of absence from the...
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...of parental leave and benefits in Australia is vastly different from the Canadian parental leave policy on many dimensions. This paper compares the Canadian 2011 Employment Insurance Maternity and Parental Benefits (EI) scheme to the parental leave provisions provided for in the Australian Fair Work Act 2009, in an attempt to assess the extent of major differences in the platforms and to extract any advantages and disadvantages of the systems. The provisions and use of unpaid parental leave vary due to eligibility criteria and segmentation of the workforce. Canadian maternity, paternity and parental leave is administered on the provincial level, creating differences in leave guarantees across provinces. A separate “federal jurisdiction” covers employees of companies working in inter-provincial or international commerce or for the federal government, regardless of their province of residence (Doucet, Lero & Tremblay, 2013). Since the ten provinces and three territories deliver the programme, they modify some details. These variations are minimal. In this analysis, we have taken the median amount of leave guaranteed by these 13 jurisdictions. At present, sections 67 to 85 of the Australian Fair Work Act 2009 (FWA) set out the legislative provisions for parental leave. Australia provides three types of child-based leave: maternity, paternity and adoptive leave. Substantive Differences in Parental Leave Provisions between Australia and Canada (i) Duration of Leave Australia...
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...Laub Coser first labeled both the family and workplace as “greedy institutions” that monopolized individuals’ time and energy. Although the problem has been framed in different ways at different times and places, the essential sociological insight that ties them all together has been that the personal difficulties individuals face in trying to fulfill both family and paid work responsibilities are socially patterned and somewhat predictable given the competing logics of industrial production and family reproduction. The FMLA has been praised for supporting employee work/life issues and engendering a family-friendly workplace. However, its successes have not come without problems. Since its inception in 1993, employers have found FMLA certification, administration, tracking, and compliance confusing and problematic. Employers have argued that the law's ambiguous language makes it hard to certify, track, and administer leave, particularly intermittent leave. When the FMLA became law in February 1993, most women and children's advocacy groups were elated. However, many business groups protested that the law, which allows employees at companies with 50 or more workers up to 12 weeks' unpaid leave to care for himself or herself, a newborn, a newly adopted child, or a seriously ill family member--would exact an unfairly heavy toll from employers. Years later, the FMLA remains controversial: Some argue it is too broad in scope, others that it is not broad enough. Although the “traditional”...
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...With an increase in the elderly population and chronic conditions are needing more assistance in care as well as caring for the elderly adult family members. All caregivers have a role or a type of responsibility where they must help in the areas of health, financial, and the quality of life for their family member or patient. As a caregiver, you may work inside the patient’s home, or even in a facility. There is such an importance in caregivers because you are in charge of creating the patient’s personal health and quality of...
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...hours of work: A maximum of 38 ordinary hours of per week. Is Australian standard, these hours may also be average over a period specified by the award or agreement and an employee met request reasonable additional hours. 2.Request for flexible working arrangements: May include changes in hours, patterns and location of work. The employer may refuse these requests on reasonable business grounds. 3.parental leave: Employees with 12 months' continuous service are entitled to 12 months unpaid parental leave for birth and adoption. If the employer makes significant changes to the work, there is a requirement to consult with the employee while on unpaid leave. 4.Annual leave: Employees are entitled to 4 weeks of paid annual leave. On agreement, employees may be able to cash out their annual leave. 5.personal/carer’s leave: Employees other than casuals are entitled 10 days of paid personal or carer's leave plus 2 day of compassionate leave. 6.community service leave: This includes paid leave for jury service and unpaid leave for recognized community activities. 7.Long service leave: This is defined in state legislation or provide in awards and enterprise agreements. 8.Public holiday work: Employers may make a reasonable request to employee to work on public holidays and employees may refuse to work if they have reasonable grounds. 9.Notice of termination and redundancy pay: The employer must give the employee written notice of the day of the termination and the employee is entitled to...
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...money-poverty. It is undeniably true that people feel increasingly time pressured, particularly in dualearner households. But much of the time devoted to paid and unpaid tasks is over and above that which is strictly necessary. In that sense, much of the time pressure that people feel is discretionary and of their own making. Using data from the 1992 Australian Time Use Survey, this paper demonstrates that the magnitude of this ‘time-pressure illusion’ varies across population groups, being least among lone parents and greatest among the childless and two-earner couples. KEY WORDS: discretionary time, free time, leisure, time pressure, time use INTRODUCTION Being ‘money poor’ is a familiar phenomenon, a simple matter of not having enough money to meet one’s needs in any of the many ways those might be specified. Being ‘time poor’, by analogy, is a matter of not having enough time to do all the things one has to do (Vickery, 1977). It is said to be an increasingly common phenomenon in modern societies. There is some controversy over whether time in paid labour is actually increasing or not.2 But there is little doubt that total time spent in paid and unpaid household labour is increasing overall, as increasing numbers of working women and dual-earner couples more generally put in a ‘second shift’ at home after a full day in paid labour.3 Even the US President’s Council of Economic Advisers (1999) has agreed that the ‘time crunch’ is real. The conventional way to measure ‘time...
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...1. Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. Who is covered? Family and Medical Leave Act (FMLA) provide a means for employees to balance work and family responsibilities by taking leave for certain reasons. The law is intended to promote stability and economic security for families, as well as national interests in preserving the integrity of the family. FMLA applies to any employer in the private sector, which is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more employees each working day for at least 20 calendar weeks in the current or preceding calendar year. The law applies to all public institutions (state and local authorities) and local educational institutions (schools, whether public or private). These employers do not have to meet the "50 employee" test. Section II of the FMLA covers most federal employees who are subject to regulations issued by the Office of Personnel Management. To be eligible for leave FMLA, a person must (1) be used to cover the employer and work in the workplace within 75 km of which the employer uses at least 50 people, (2) worked at least 12 months (not to be in another sequence) for the employer, and (3) worked at least 1250 hours during the 12 months immediately preceding the date FMLA leave begins. FMLA provides the right to 12 weeks of protected, unpaid leave during any 12-month period for the following reasons: Birth and child care worker or placement for...
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...requirements of management as it relates to family and personal issues is also discussed. Family and personal issues affect lives of working adults each day. Ethical dilemmas occur in the workplace when dealing with family and personal issues. One of these examples is discussed during the progression of this paper. Management faces legal aspects during the decision-making process of these dilemmas as to how they should be governed. Personal issues include personal time off work, employee illness, family illness, unexpected events, and childcare, just to name a few. A legal, fair, and ethical approach to these matters is how these issues are handled. If these matters are not handled with caution and within the legal limitations, law suits are filed and companies face serious legal challenges. The Equal Employment Opportunity Commission (EEOC) is the legal voice for those individuals whom believe they have been discriminated. Laws were designed to protect employees from discrimination and to protect the jobs of employees who need to take time off work to take care of ill family members. The Family Medical Leave Act (FMLA) is designed to grant eligible employees up to 12 weeks of time off work during any 12-month period. As with anything, there are individuals who try to take advantage of this policy; therefore, employers have developed an internal “personal time off work” policy for protection. Most companies have personal leave to include limited vacation and sick days (accrued...
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...Bank of America 2012 U.S. Benefits Summary This document is intended as an overview only and does not describe all eligibility restrictions and benefit limitations. All programs and benefits are subject to change at any time. For detailed information on your Bank of America benefits available to employees in the U.S., refer to the Benefits & Pay tab on Flagscape® or the most recent edition of the Associate Handbook, also available on Flagscape. Additional sources of information are listed in the benefits resources section of this booklet. If there is a difference between this brochure and what is written in the benefits policies or plan documents, the policies or plan documents will govern. 1 Revised: 9-2012 Health and Insurance Health Care Benefits Eligibility Full-time and part-time (working more than 20 hours) employees are generally eligible for health and insurance benefits. Part-time employees working less than 20 hours are generally not eligible for health and insurance benefits. Coverage under the plans for which you are eligible generally begins on the first day of the month after you have completed one full month of continuous full-time or parttime employment. The month you begin work as a full- or part- time employee does not count as one full month of continuous employment. For example, if you begin work as a full- or part-time employee in the month of May, your benefit coverage generally begins on July 1. For some benefits, coverage may...
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