The Family and Medical Leave Act of 1993 is one that ties in heavily to the first situation. “The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year” (Solis, N.D.). This leave must be for the birth and care…
In order to qualify for protection under FMLA, the employee must meet specific criteria. First, the employee must a full time employee that has worked for the employer a minimum of 1250 hours over the last 12 months (Provisions of the FMLA). In this situation Employee A is described as working for the company for over two years so we can assume that this qualification has been met. Second, the employee must have a valid reason for the leave to be covered under FMLA. FMLA covers a number of different causes for leave. In this situation, Employee A would qualify since leave for the birth and care of a newborn child is covered under FMLA. Third, the job restoration must be considered. FMLA allows a maximum of 12 weeks of job protection for most situations. The employee return to the same position held prior to the leave or an equivalent position. In Situation A, the employee was on leave for 11 months and requested to return to his same position.…
The FMLA entitles eligible employees to take up to 12 work weeks of unpaid, job protected, leave in a 12 month period for specified family and medical reasons. Title 1, sec 102, subsection 1(a) of this act specifies that the birth of a son or daughter of the employee is an eligible reason for the leave. Therefore, as long as the employee is eligible for the leave he is entitled for the time off.…
Another reason could be the financial climate rising, so parents have to return to work sooner after birth. This has a knock on effect when bonding with the baby e.g. not being able to breastfeeding or spending quality time together. Thus putting strain on the parent/child relationship. Finding appropriate supervision, long working hours, tired, stressed all these factors have effect.…
There can be many cons to taking a paid paternity leave, but in the long run the family will benefit from the father taking off that time at the beginning after a birth or adoption. The possibility of losing a job is a legitimate concern, but when the father returns to work it will be easier for the father to balance out the workplace and family. The other concern of social judgement is also understandable, but the choice to take that leave to be able to spend time with the child and spouse will ultimately benefit everyone in the situation. Paid paternity leave, when added to paid maternity leave, will have the ability to keep the family financially stable while the family recuperates to the new life of having a child.…
If I was a senior manager of this company to avoid this issue in the future I personally would not discriminate against pregnant women. If a woman becomes pregnant they would have to train a temporary replacement. She would be given a certain amount of maternity leave based on doctor’s orders. If the maternity leave needs to be extended it can be with a doctor’s note explaining why. Once maternity leave is up she would have a job to come back too. During her pregnancy she would receive certain relax in policy. For example, if sever morning sickness coming in to work late will be over looked, early leave time to make doctor appointments, and reduced work load so as to not put the pregnancy in…
Situation A. The Family and Medical Leave Act entitles those eligible up to twelve weeks leave per each postal year for a new child in the family, whether it be by birth, adoption or placement in foster care. It also allows for leave if the employee themselves has a serious health condition that prevents them from performing the job or caring for a family member that has a serious health condition. Lastly, it also guarantees those eligible up to twenty-six weeks of leave in a postal year to care for a covered service member, as long as the service member is their spouse, parent or next of kin.…
Just be aware, if you decide not to return to work after 52 weeks, you might have to pay back any…
* Pregnancy / Children. Employers may not hire staff that are pregnant / have children or may try to sack them.…
Issue: Parental leave (either parent being able to take 12 weeks off work unpaid after their children are born).…
Trying to find employment while being pregnant is one of the most frustrating activities a woman will ever undertake. It is hard enough to be pregnant when things are going great, yet it gets a lot harder if you suddenly find yourself in desperate need to find new employment to either make ends meet, or simply to replace a job that you lost. In a day and age when mergers, downsizing and outsourcing pull out the rug from under families it is not surprising to find many job hunting. Sadly, a woman’s odds of being hired while pregnant are slim to none. This has nothing to do with her skill sets, her salary requirements, or even her availability to work, but instead is oftentimes mired in the employer’s antiquated fear of losing an employee when a child is expected.…
Yet the United States is the one of few developed countries that does not provide paid parental leave to women workers (or their spouses) to bear and care for children. With little public debate, the United States has chosen a fundamentally different approach to maternity leave than the rest of the developed world. The United States and Australia are the only industrialized countries that don't provide paid leave for new mothers nationally, though there are exceptions in some U.S. states. To put it another way, out of 168 nations in a Harvard University study last year, 163 had some form of paid maternity leave, leaving the United States one of those that does not. There have been several attempts at introducing paid maternity leave in the United States. The Clinton administration wanted to allow states to use unemployment funds for maternity leaves, but it was not able to pass through the Bush administration after disapproval from business groups who were concerned with increased contribution to state unemployment funds.…
The legal aspect is one of the major issues in Human Resource Management. I will look at the other side of violation of employment law. The Family and Medical Leave Act of 1993 permits employees up to twelve weeks of unpaid leave per year for a new baby, a sick family member or the employee’s own serious illness. Many companies offer more than what is required by law. For example, the law states employees must provide medical certifications of the illness or birth and can also request another medical opinion. Many companies do not require documentation and also allow employees to use FMLA paid leave along with their paid vacation days or sick days in order to take off more than twelve weeks (Cascio & Aguinis, 2011).…
Twelve work weeks of leave in a 12-month period for the birth of a child and to care for the newborn child within one year of birth…
Today, American women are more educated and empowered than ever before. Women comprise forty-seven percent of the workforce in the United States of America (Livingston). They have been transitioning into the labor force not only to further their careers but also to support their families. In “forty percent of American families, a woman is the sole or primary breadwinner” (Livingston). Women play an essential role in the economy and in their families. Despite that, the United States is the only high income country without paid maternity leave (Messer). Maternity leave is the vital time a mother takes off of work to take care of herself and her newborn after childbirth. However, eighty-eight percent of women in America do not have access to paid maternity leave (Shortall). American women are forced to put their careers and financial stability at risk simply because they want to have children.…