Labor and Employment Law
Situation A
The Family and Medical Leave Act (FMLA) is designed for eligible employees to take up to 12 weeks unpaid leave due to the birth of a child, whether adopted or biological within the first year of birth/adoption among other applicable situations. They are to have health insurance covered as though they are not on leave per regulations and must be able to return to their employer with current salary and duties. (Retrieved from http://www.dol.gov/whd/fmla/index.htm)
Employee A under the provisions of the FMLA has been on an 11 week -unpaid leave due to the birth of his premature twins and has asked the company to return to work in his previous position. A new manager has been hired on since employee went on leave. Employee A has also asked to have his withheld salary from the 11 weeks paid to him.
The FMLA makes no provision that employees should have back pay. It only states they are allowed up to 12 weeks unpaid leave and are to return to same salary. It also states they are to be provided Health Insurance as though they never left. If Employee A and the previous manager made a deal there is no indication and is unenforceable per the regulations for FMLA. The employee will not be granted back pay by the company.

Situation B
The Age Discrimination in Employment Act of 1967 was established to protect individuals under the age of 40 from being discriminated against solely because of their age. It does not protect anyone under the age of 40; however it is allowable for a company to show preference to an older worker over a younger one. It is forbidden to discriminate based on age for any of the following situations: hiring, firing, pay, job assignments, promotions, layoffs, training, or benefits. (Retrieved from 9/8/08 http://www.eeoc.gov/facts/age.html and http://www.eeoc.gov/laws/types/age.cfm)
In this situation Employee B