Wgu Task1 Lit1

LIT1- Task #1

A Mitchell JR

Student#

Western Governors University

Provisions of FMLA:

In 1993, congress passed the Family and Medical Leave Act, they developed this bill to assist employees that needed to be out for extenuating, planned, or unforeseen medical circumstances. To remove the fear and worry of losing one’s current place of employment. The creation of this bill gives, employees the ability to take up to 12 weeks of unpaid leave, although they do have the option of using all of their calendar year given vacation time to compensate themselves while on FMLA. Because employee A, fell into several of the major FMLA provisions, he had been granted the ability to take leave.

How FMLA Applies:

I do believe that the Family Medical Leave Act applies to employee A. As I have found, several areas that favor his rights to take FMLA. The birth of his children, the health of his children as they were born prematurely, and lastly he has the right as a spouse to take care of his wife and children. Although, he has the right to take leave, through the Act, this still does not require us as the employer to pay wages for the 11 weeks he did not work. We have followed the law, and the law says that we must hold his job, and continue to treat him as an employee that is on leave.

Did we violate FMLA?

I have found that no violation has occurred between us and Employee A. We have allowed employee A to take leave as he requested, we allowed him the full 12 weeks, although he wants to come back after only 11 weeks. In addition, to us following the stated rules. We have also allowed employee A to return back to his previous held job, with the salary he was making before he left. The new manager was within his right to reject the back pay of the 11 weeks. Because it is not a policy of our company to pay while on unpaid leave, and according to the FMLA, we do not have to.

Situation B: Age Discrimination

ADEA

During the 1960’s a discriminatory trend in...