C717 Task 1

Situation A

The Family Medical Leave Act provides employees who meet certain employment criteria, up to 12 weeks per calendar year of job-protected leave from work and maintenance of group health benefits while on leave. The Act also requires that employees be restored to their original job title and rate of pay upon return from leave. An employee is eligible to request leave for specific circumstances which are limited to a serious health condition of their own, birth of a child, adoption/foster care placement, or to care for a spouse, child or parent who is ill (United States Department of Labor, Wage and Hour Division). Three major provisions of the law include; employer must have 50 or more employees within 75 miles, employee must have worked for employer for a minimum of 12 months and must have worked a minimum of 1,250 hours in the prior 12 months (United States Department of Labor).

The Family Medical Leave Act applies because Company X has over 50 employees, therefore, they are required to provide coverage for their employees. Furthermore, employee A has been employed by the company for greater than 12 months and the birth of a child is covered under the law. Note: the number of hours worked by the employee is not stated, therefore, I can only assume the employee met the minimum number of hours worked requirement, due to the leave being granted 11 weeks prior.

A violation has not occurred in this situation; the company has not violated the law. The company is required to provide up to 12 weeks of unpaid leave of absence under the law. The company met the requirements of the FMLA by granting the employee a leave of absence for up to 12 weeks. The new manager agreed for employee A to return to his original job and previous rate of pay, both of which are required under the law. The requirement under the law specifies unpaid leave, therefore, no violation has occurred by denying employee A’s request for 11 weeks of unpaid salary. Employee A could have used...