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Work-Life and Diversity Challenges Executive Summaries

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Work-Life and Diversity Challenges Executive Summaries

Work-Life and Diversity Challenges

“The employee began working on January 1. It is July 15, and the employee requires time off for a family emergency” (HRM/445 Course Syllabus). Family emergencies happen from time to time and require employees to take time off from his or her job. To take time off work an employee must be eligible to take such leave whether it is sick time, vacation time, comp time, or FMLA. “The Family and Medical Leave Act (FMLA) is the principal law governing the provision of leave to employees for parental and medical reasons” (Walsh, 2007, p. 312). Employees are entitled to FMLA leave when the following criteria are met: the employee has worked for the employer for at least 12 months before taking any leave, the employee has worked 1,250 hours during the 12 months before taking any leave, the employer has 50 employees or more, and the employee notifies the employer timely of the need for leave. Employees are required to give the employer as much notice as possible for the leave he or she is requesting.
In the situation presented the employee would not be entitled to FMLA because he or she has not worked at least 12 months for the company before the need to take time off for a family emergency. The time off requested by the employee only states it is a family emergency and does not indicate what the exact emergency is. FMLA requires that a “qualifying event” must occur for an employee to be entitled to take leave. Qualifying events are birth of an employee’s child, adoption or foster care placement of a child, a health condition that is serious pertaining to the employees children, spouse, or parent, and a serious health condition of the employee which makes him or her not capable to work. The employee in this situation should be notified by his or her supervisor that he or she is not entitled to take leave under FMLA. The employee should also be notified of other options such as using vacation time, sick time, and comp time in an effort to accommodate him or her. However, the employer is not required to accommodate the employee because he or she does not qualify for leave unless the time has been accrued. The supervisor should document the discussion with the employee as well as discuss the company’s policy on unapproved leave and place a copy in the employees personnel file.
“The employee has worked 10 years for the company. Six months ago, the employee returned from a family medical leave of 10 weeks and is now requesting another 3 weeks. The company does not have an extended leave policy” (HRM/445 Course Syllabus).
“The Family and Medical Leave Act (FMLA) is the principal law governing the provision of leave to employees for parental and medical reasons” (Walsh, 2007, p. 312). Employees are entitled to FMLA leave when the following criteria are met: the employee has worked for the employer for at least 12 months before taking any leave, the employee has worked 1,250 hours during the 12 months before taking any leave, the employer has 50 employees or more, and the employee notifies the employer timely of the need for his or her leave. The employee is required to give the employer as much notice as possible for the leave he or she is requesting. In this situation the employee has worked for the company for 10 years and six months ago he or she returned from family medical leave of 10 weeks. FMLA is 12 workweeks of leave in a 12-month period. The employee in this situation still has two weeks of leave but is requesting three weeks in which the company does not offer an extended leave policy.
The supervisor should sit down with the employee and review the company’s policy on FMLA. The employee should be made aware that he or she is not eligible to take three weeks of leave that FMLA covers 12 weeks in a 12-month period. The supervisor should be prepared with the documentation showing the 10 weeks the employee has already used under FMLA. Each time an employee takes leave, the company will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time” (Society For Human Resource Management, 2012). The supervisor can allow the employee to take the two weeks he or she has left under FMLA, but the three weeks is not permitted. The supervisor can also talk to the employee about other options. Employers establish policies and procedures for a reason and employees should be required to abide by them.

References

Society for Human Resource Management (SHRM). (2012). Retrieved from

http://www.shrm.org/templatestools/samples/policies/pages/fmlaleave(withservicememberleaveexpansion).aspx

Walsh, D. J. (2007). Employment law for human resource practice. St. Paul, MN:

Thomson/West.

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