understand that the Family Medical Leave Act (FMLA) applies here. FMLA applies to companies with more than 50 employees and to employees who have been with the company for more than a year, though the year does not need to be consecutive. FMLA provides employees with 12 weeks of unpaid leave in situations that require them to be off of work for major health reasons or to take care of family member’s for major health reasons. Situations that are covered by FMLA include the following: birth of a child,
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Facts - Both Dulen and Freeman were hired by Darco transportation to transfer goods to San Francisco and Freeman was killed when their tractor-trailer was hit by a train. - The signal arms malfunctioned and came up before the oncoming train reached the intersection, the first truck passed however Dulen's was hit and the signal arms did not lower until it was on the tracks. - An investigation took place and Dulen had minimal harm while the investigator found that Freeman and Dulen where in an
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Legal Issues for Business Organizations Task 1 Situation A-FMLA-Family and medical leave act of 1993 Situation B-ADEA-Age Discrimination in Employment Act of 1967 Situation C-ADA-Americans with disabilities ACT of 1990 Situation A-FMLA-Family and medical leave act of 1993 The Family and Medical Leave Act of 1993 (FMLA) is a United States government law that requires secured businesses to give qualified employees job protection and unpaid leave for a predetermined amount of time for qualified
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Situation A The Family and Medical Leave Act (FMLA) provides eligible employees the right to unpaid leave, job protection, and health benefits up to 12 weeks during any 12 month period to attend to qualifying family matters. Eligible employees must be employed for a minimum of 12 months and have worked 1,250 hours the previous 12 month cycle. Employee A was eligible and granted FMLA for the birth and care of his twins. He had met the requirements by being employed with Company A for 2 years and
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ATTENDANCE, AVAILABILITY & ABSENTEEISM POLICIES Source Text for Power Point Presentation – 2013 IWC & SWM LC Workshops Preface: Attendance, availability and/or absenteeism policies are designed to minimize the unit expense of maintaining the operating workforce. They exist in a variety of iterations, but common to them all is the arbitrary identification of employees who exceed certain unilaterally established metrics for availability, attendance and/or absenteeism. They are blind to mitigation(s)
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Pregnancy Discrimination Act, the Americans Disabilities Act, the Age Discrimination in Employment Act, and the Family Medical Leave Act. One employment situation that comes to mind is a situation where an employee had to take Family Medical Leave Act (FMLA) due to a pregnancy. Additionally, she also has Muscular Sclerosis. The employee was employed with the company for nineteen years and the company was well aware of her existing condition of muscular sclerosis when they had hired her. Her work performance
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Situation A - Family and Medical Leave Act Rules of the Law The Family and Medical Leave Act (FMLA) of 1993 was designed to provide employees with up to 12 weeks of unpaid job protected leave each year. During the leave, their group health insurance coverage will be continued with the same coverage as if they were not on leave. To be eligible the employee must have worked with the employer for at least 12 months and during those 12 months, worked at least 1250 hours. The employee must also work
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documentation on current laws, implementation processes, and effects of implementation one is able to weigh the pros with the cons. Is simply having FMLA in place enough? Is it a policy that is too easy abused? The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons. The FMLA applies to all government workers and private sector employers that employ 50 or more employees within a 75-mile radius (Barth, S. & Hayes
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The Family and Medical Leave Act The Family and Medical Leave Act of 1993, or FMLA, provides for the employment protection of individuals who take a leave of absence due to family and/or medical reasons. The birth of a child is one such reason. Three important provisions of FMLA are: • FMLA only applies to covered employers. Covered employers include private sector employers with 50 or more employees, public agencies regardless of number of employees, and primary and secondary schools regardless
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violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA. 2. Whether terminating an employee for
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