TASK 2
Situation A:
An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
(1) “Eligible reasons for leave to be granted to an employee are: * birth and care of the newborn child of an employee; * placement with the
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Second, the company should show a gesture of good faith and up hold the original manager’s agreement. Third, an amendment to company policy should be put in place to cover future events. Written and signed by both management and employee to the exact terms agreed upon prior to leave under FMLA are to be taken. This is for the protection of the company and their employees.
Situation B:
A company conducts its annual review in which the results reveal one of its senior employee’s (68yr old) is doing exemplary work and another younger employee (32yr old) is doing average work.
The promotion was given to the younger (32yr old) employee over the senior (68yr old) employee due to his age. Even though the fact that the senior employee’s work was above par in comparison to the younger employee.
The company is in direct violation of the ADEA of 1967 which states (2)“certain applicant and employees who are 40 years of age and older are protected from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.” In this case the 68 year old employee could sue the company based on Age Discrimination and win.
Situation C:
A potential applicant who is wheelchair bound due to paralysis of his lower extremities applied for an open position with company x. The applicant would need to have access to all seven floors in order to do their
The FMLA benefits the employer by allowing him or her to excuse his employees for medical conditions or family issues. This benefits both the employer and employee in allowing them to both know that their can be a balance between the workplace and family life. (dol.gov)
Anyone that has not been vaccinated with the MMR vaccine is at risk for contracting measles. Other risk factors are vitamin A deficiency and traveling to third world countries. Coming in contact with someone that has this disease can increase your risk as well.
According to The U.S. Equal Employment Opportunity Commission (n.d.), “The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals 40 years of age or older from employment discrimination based on their age and it applies to both job applicants and employees. With regards to condition, any term or privilege of employment, it is against the law under the ADEA to discriminate against a person because of his/her age which includes layoff promotion, compensation, hiring, firing, training, job assignments and benefits. It is also unlawful for an employer to discriminate against anyone for opposing employment practices that discriminate based on age or for filing as age discrimination charge, testifying or participating in an in an investigation proceeding or litigation under the ADEA” (para.1).
First, Age discrimination is a very common reason why some people are not employed. However, there are laws in place that prohibits this kind of discrimination. Miller gave an explanation on the about age discrimination act (ADEA) of 1967, it prohibits employment discrimination on the basis of age against individuals forty years of age or older (Miller,2013).
1.) Information Confidentiality: As an employee, you will be exposed to client-sensitive as well as company-sensitive information that is to be viewed only by those who have the authority or permission to do so. Such information to be considered “confidential” includes business contracts, financial information, internal correspondence, and any and all documentation (electronic or paper-based) that is not authorized to be disclosed to the public. Disclosure of sensitive information will lead to immediate termination and possible charges/fines (depending on the severity of the violation) as is legal under state and federal law. Employees should not
| Per your request to investigate and recommend Toy Company’s position regarding Claim #1-2013; this report was generated. The initial research has been finalized and recommendations determined. I will refer to the claim by its number #1-2013 and the claimant as AA23 to keep the confidentiality of the claimant. First this report will provide a summary of the claim and the history associated with it. Second it will discuss the definition of Constructive Discharge and its relevance to this
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 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 Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
The ADA states that an applicant with a disability is someone who, with or without reasonable accommodation, can perform the essential duties of the position in question. Reasonable accommodation is described as, but not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities. The ADA further calls for the modification of equipment or devices needed to complete the essential duties of the position. Employee C’s request to have the floor selection buttons in the elevator lowered to an adequate height for a wheelchair bound person, is in fact a reasonable request and would fall well into the realm of reasonable
The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical
The American population is aging as health care improves, the older generation is living longer and are still working or just getting into the workplace. One of the biggest issues that these older individuals face is age discrimination within the workplace. The Age Discrimination in Employment Act (ADEA) of 1967 forbids employment discrimination on the basis of age. Through a detailed explanation and history of the law, this paper will examine how ADEA affects the professionals in the workplace, human resources, managers, and employers in the workplace. It will further examine how the employee is affected by ADEA. This includes what their rights are and how they can make a complaint. Lastly, a legal case will be examined and evaluated so
Additionally, the US Department of Labor notes that an employer is considered covered when they have 50 or more employees whom work at sites within 75 miles of each other for 20 or more weeks per year. According to The Wage and Hour’s Division of the U.S. Department of Labor, we, Company X, as a covered employer must do the following for an employee who qualifies for and uses FMLA leave: We must hold the employee’s job for them while out on leave,
An ethics department is vital to any company. The ethics department ensures that the policies, procedures, laws, and safety regulations are being followed. If an employee has a concern in any of the aforementioned areas, Company X asks that you speak to someone in the Human Resources department or call the employee hotline at 1-800-555-5555 to report any concerns anonymously.
To critically and comprehensively address this case, it is convincingly important to assess the laws that forbids age discrimination and wrongful termination in workplace. Under the law, age discrimination can involve treating an employee or applicant less favorably because of her or his age. In accordance to the “Age Discrimination in Employment Act, it is unlawful to discriminate an employee on basis their age. The law is categorically clear that an employer not discriminate individuals who are 40 years old and above (Walsh, 2013). It should be noted that the Act provide for protection for the people/workers below 40 years. However, some states in the United States have laws in place that protect young employees against age discrimination. It is unlawful or illegal for employers or any other entity to consider hiring/favoring an older worker over the younger one. This withstands even if both employees are 40 and above. The law strongly prohibits age discrimination in any aspect of employment including firing, hiring, pay, promotions, job assignments, trainings, layoffs, benefits, and any other condition or term of employment.