...Situation A – Family Medical Leave Act of 1993 The Family Medical Leave Act, FMLA, requires that a covered employer must provide a qualified employee with twelve weeks of unpaid leave in any twelve-month period to care for oneself or a family member with a serious health condition. The FMLA requires twenty six weeks in any twelve month period for the care of a member of the armed forces. Within this act are a number of conditions and exceptions. A serious health condition that is covered by this act includes pregnancy, prenatal complications, birth of a child, adoption of a child, or fostering a child. The health conditions also include chronic condition, long-term conditions, hospitalization, and ongoing treatment conditions (FMLA). An employee may choose and an employer may require an employee to use any unused sick/medical leave, personal leave, family leave, and vacation for all of the twelve weeks or for however much time employee has in unused leave. The paid sick/medical leave can only be used if such conditions for would otherwise be accepted by the employer as provided in the employer’s handbook. The twelve weeks can be taken continuously, intermittently, or as reduced work schedule. An employer must continue to provide health insurance benefits during the twelve weeks as it would if employee was actively working. Upon returning to work the employer shall provide the employee with the same position or an equivalent position with equivalent pay as the employee...
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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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