Lit2

Situation A: The Family and Medical Leave Act was created in 1993 by President Bill Clinton and was made to offer employees up to twelve weeks of excused absence from their

jobs per year so that the employees would be able to avoid having to choose between their job and caring for their sick family members. If an employee or a family member is suffering from a serious health condition, the employee would qualify to take leave under FMLA laws. The health condition must interfere with the employee’s ability to perform their job or it must require the employee to provide care to an immediate family member who is seriously ill. Taking care of infants less than 12 months of age also qualifies an employee for FMLA. To qualify for FMLA, the employee must have worked for a company with more than fifty employees for over one year, and be a full time or part time employee. When the employee returns to work, they will be reinstated in the same position and at same pay grade as before they left. If the employee is disabled, the employee will be put in a similar position that accommodates their disability at the same rate of pay, if they cannot perform their original job. FMLA regulations will not guarantee that FMLA leave is paid leave; that decision is left up to the employer whether or not to pay for the time off work, or make it leave without pay.

In this situation it was brought to my attention that an employee wanted to be paid for his 11 weeks of FMLA leave due to the birth of premature twins. Employee A is eligible for FMLA because he has worked for the company for the past two years as a full time employee, and that he taking leave to care for his twin children whom were just born. According to the FMLA Act of 1993, all eligible employees are entitled to take up to 12 weeks of unpaid, job protected leave for the birth of a child or to care for the child within one year of birth. In this situation no violation of the Family and Medical Leave Act...