Task 1
Situation A
The Family and Medical Leave Act of 1993 has many provisions but 3 major ones are that all employees of an organization of 50 or more employees working more than 20 hours per week be given a minimum 12 weeks of time off for domestic responsibilities each year. Those responsibilities include; the birth of a new child, the care of an immediate family member with a serious medical condition or the adoption of a foster child (US Department of Labor). Under the Act the employer must maintain the employees’ health insurance and employment status during that time frame. If the employee’s current position is no longer available a position of equal pay must be found. To qualify, the employee must have worked for the organization for 12 month and have worked 1250 hours in the 12month preceding the leave.
The Family and Medical Leave Act of 1993 does apply to Situation A in almost every aspect except for one, the paid leave portion. In situation A, the employee was given 11 weeks off from work after being employed for 2 years for the birth of a child. Upon returning to work after 11 weeks the employee was given his job back and at the same rate of pay. The Family and Medical Leave Act of 1993 require that unpaid leave be given and the employee me be given up to 12 weeks off in a 12 month period or 26 weeks for the care and/or return of a veteran.
In situation A, No violation occurred because The Family and Medical Leave Act of 1993 states that the employee was allowed leave for the 11 weeks for the birth of a child and was allowed to come back to work in the same or equal position. The employee was given the same position to continue work but under The Family and Medical Leave Act of 1993 the law does not require the employer to pay for the time off. However, if the employee has saved paid time off he may or may not be able to use that if Company X