Lit1: Task 310.1.5-02, 11, 13

Situation A

Given

Employee A requested leave due to a birth. The employee has been with the company for more than a 12 month period. The employee took 11 weeks of leave and is requesting to return to his previous job. The company is small but employs more than 50 employees.

Provisions

Based on the Family and Medical Leave Act (FMLA) if a company employs more than 50 employees, then the company should provide up to 12 weeks of leave for every 12 month period. The employee must have worked for the company a minimum of 12 months to qualify for the FMLA. The 12 weeks can be approved for several reasons including, a new child in the family (birth, adoption, foster care, etc…), caring for an ailing family member, employees own health, and qualifying exigencies. The time off is unpaid per FMLA. Although there are some companies that provide a program that pays a percentage of your salary for the FMLA leave there is no evidence to suggest this company does.

Violation

The company is not in violation of the FMLA. The employee was provided 11 weeks of a 12 week period and the employee was returned to his previous job at the same pay. The company is not required to pay the employee the 11 weeks of leave. There was no evidence written or verbal of a prior agreement with the company or the previous Manager for pay during the leave, therefore the new Manager is correct in declining the withheld salary.

Situation B

Given

Employee B is 68 years old. Per an annual performance review it was stated the employee performed above average. A 32 year old co-workers performance report stated that their performance was adequate. Employee B did not receive the promotion but the co-worker did.

Provisions

The Age Discrimination in Employment Act of 1967 (ADEA) was put in place to protect people from discrimination based on age. This applies to companies with 20 or more employees, and to anyone that is at least 40 years in age. The ADEA protects against...