Front Ceremony

TO: Vice President, Company X

FROM: Jeff Lindsey, Director Human Resources, Company X

DATE: December 27, 2011

SUBJECT: Determination of potential HR Violations

This will serve as a memorandum to indicate status on 3 different types of HR events and whether federal laws have been violated.

Summary A:

With the provisions of the Family Medical Leave Act of 1993 to serve as a guide, it is clear there have been no violations of federal law. The following will explain how the provisions of the FMLA apply to this situation. But first, here is the link to the compliance poster that requires all FMLA covered employers to post the text of this notice.

U.S. Wage and Hour Division. (January 2009). WHD publication 1420. Employee Rights and Responsibilities.Retrieved December 27, 2011 from http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

·Employee A has been with Company X for two years.

Eligibility requirements state that at least 12 months of employment are required and in this case the employee has 24 months of employment and is eligible based on this specific requirement.

·Employee A's spouse gave birth prematurely to twins.

Eligibility requirements state the birth of a son or daughter, or in this case twins, is an eligible event to qualify for FMLA.

·He requested leave to be with his spouse, which was granted.

This also is a qualifying requirement to be eligible for FMLA.

·Employee A has been on leave for 11 weeks, and has asked to return to work.

The employee can take up to 12 weeks of FMLA so 11 weeks is within guidelines.

·And to be paid the withheld salary from his 11-week leave.

This is where the misunderstanding begins. While the company is legally required to hold the job for the employee and maintain the health benefits for the employee, the company is not responsible to provide paid leave during this time period.

·The previous department manager left the company during Employee A’s leave.

This is not relevant to this situation.

·The new...