LIT1 Task 2
LIT1
Task 2
Situation A
The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:
The birth of a child, or the placement of an adopted or foster child.
A serious health condition that makes the employee unable to perform the essential functions of their job.
To care for a spouse, child or parent with a serious health condition.
A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forced.
To care for a covered family member who has suffered an injury or illness while on active duty.
Employees must be restored to their position or equivalent position when returning from leave (“Benefits and Protections,” Revised 2013). The use of accrued paid leave can be determined by individual organizations, but should be documented in a policy. It is important for an organization to create a leave policy that complies with FMLA and be consistent when applying the policy. The Family and Medical Leave Act can provide stability to employees, but can be tricky to administer.
Company X needs to consider a few factors to ensure FMLA compliance. Paternal leave is included under FMLA, so Company X was in compliance when they granted leave to Employee A (assuming the employee has also worked a minimum of 1250 hours). Employee A was eligible for 12 weeks of leave, but voluntarily decided to return early. FMLA does not require Company X to pay Employee A while on leave, denying that request was also in compliance with the law. Company X met
Task 2
Situation A
The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:
The birth of a child, or the placement of an adopted or foster child.
A serious health condition that makes the employee unable to perform the essential functions of their job.
To care for a spouse, child or parent with a serious health condition.
A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the armed forced.
To care for a covered family member who has suffered an injury or illness while on active duty.
Employees must be restored to their position or equivalent position when returning from leave (“Benefits and Protections,” Revised 2013). The use of accrued paid leave can be determined by individual organizations, but should be documented in a policy. It is important for an organization to create a leave policy that complies with FMLA and be consistent when applying the policy. The Family and Medical Leave Act can provide stability to employees, but can be tricky to administer.
Company X needs to consider a few factors to ensure FMLA compliance. Paternal leave is included under FMLA, so Company X was in compliance when they granted leave to Employee A (assuming the employee has also worked a minimum of 1250 hours). Employee A was eligible for 12 weeks of leave, but voluntarily decided to return early. FMLA does not require Company X to pay Employee A while on leave, denying that request was also in compliance with the law. Company X met
References: ADA Questions and Answers. (Revised 2009). American with Disabilities online. Retrieved May 27, 2014 from http://www.ada.gov/q&aeng02.htm Benefits and Protections. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Eligibility Requirements. (Revised 2013). United States Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf Employment Laws. (n.d.). United states Department of Labor online. Retrieved May 27, 2014 from http://www.dol.gov/odep/pubs/fact/employ.htm Exceptions to the ADEA. (2007). Human Resources BLOG. Retrieved on May 27, 2014 from http://www.humanresourceblog.com/2007/09/10/exceptions-to-the-adea/ Facts About Age Discrimination. (Revised 2008). EEOC online. Retrieved May 27, 2014 from http://www.eeoc.gov/facts/age.html