Premium Essay

Lit1 310.1.5-02, 11, 13

In: Business and Management

Submitted By beidden
Words 851
Pages 4
Family and Medical Leave Act of 1993 (FMLA) The FMLA allows employees who work for qualifying employers to take unpaid leave from their job for up to 12 weeks in a year if they meet certain criteria. To qualify the employee must have worked for the employer for at least a year and have worked at least 1,250 hours in the last twelve months with the company. There are several conditions that allow a qualifying employee to request this leave from their employer. One condition that will allow this is if the employee or their spouse gives birth to a new child. The employee can also apply for the leave to care for a spouse or other immediate family member who is seriously ill. The employee also qualifies for these benefits if they have a serious health condition that would stop them from being able to do their job. Employees with Company X are eligible for FMLA benefits if they meet the criteria of the ACT. Company X is responsible to offer these benefits since they employ over fifty employees. Employee A has worked for the company for two years so he is eligible to take leave for this wife giving birth to the twins they she had. This situation followed all required provisions in the FMLA. When Employee A returned to work he was given is old job back at the same rate of pay as he had before he took the leave. He did request to be paid for the 11 weeks he was gone and this was denied by Company X. This is within the guidelines since FMLA is unpaid leave. The company is not required to pay employees for the time they are on leave under the FMLA provisions.
Age Discrimination in Employment Act of 1967 (ADEA) The ADEA was put in place to protect individuals who are over the age of 40 from being discriminated against by current or prospective employers. Under this act it is unlawful to use a person’s age as a reason for not hiring, promoting, training or…...

Similar Documents

Premium Essay

Lit1 Task 310.1.5-02

...LIT1 – Task 2 – Labor and Employment Law Company X vs. Employee A on FMLA payment (Situation A) .Relevant Facts: Employee A has a 2 year tenure with Company X. Employee A asked for and was granted FMLA for the birth of his twins. Employee A asked to return to work before the allotted twelve week period had expired. On his return, he also requested for payment of his salary during his eleven week period of FMLA. His request for an early return was granted, but his time on FMLA remains unpaid. Employee A is now in an appeals process. Family Medical Leave Act applied The Family Medical Leave Act of 1993 states that as long as an employee meets the requirements of working at least 1,250 hours or twelve months, the employee has the right to take FMLA and resume employment at the end of the allotted twelve week interval. The employee will not be compensated for the time while on FMLA. (Wage, 2010) Report and final ruling No violation has occurred as Employee A`s FMLA time will remain unpaid and Company X abided by the Family Medical Leave Act of 1993 accordingly. Company X vs. Employee B on Age Discrimination (Situation B) Relevant Facts: Employee B is 68 yrs old and has a 42 year tenure with Company X. Employee B has recently received an above average performance evaluation and was hoping to get a promotion. The promotion was give to a 32 years old colleague who received an adequate performance evaluation. Employee B is accusing Company X of age employment......

Words: 878 - Pages: 4

Premium Essay

Lit1 Task 310.1.5-02, 11, 13.Docx

...Part A Sole Proprietorship: Sole Proprietorship is the easiest and least expensive way to start a business. You are in complete control of the business and are in control of all the finances. If you want to name your business anything other than your name you will need to register your fictitious business name with the State. You will register it by supplying your "Doing Business As" (DBA) name. There are also disadvantages of being a sole proprietor, you have unlimited liability and are legally responsible for all debts in the business. You will be using your personal funds and also may have to take out a bank consumer loan to maintain your business. You also can not attract outside partners to invest in your company: * Liability – If your business incurs debts you cannot pay, you are personally responsible for payment. Also, if you have personal debts, creditors can sue your business to satisfy your debt. * Income Taxes – You must report all business income or losses on your personal income tax return. * Longevity/Continuity – When the owner dies, the business dies with them. * Control – The owner is in complete control of the business. * Profit Retention – All profits are retained by the owner. * Location – Proprietor must follow all regulations of the State in which they reside. * Convenience/Burden – Sole Proprietorship is the easiest form of business to start up. General Partnership: General Partnerships are where two or more......

Words: 1592 - Pages: 7

Premium Essay

Problem Cases 13 and 11

...PROBLEM CASE 13: CHAPTER 5, PROBLEM CASE 11 CHAPTER 6 Julius R. Reed Grand Canyon University: Business 240: Ethical and Legal Issues in Business May 13, 2014 Chapter 5 – Problems and Problem Cases: Problem 13 Garelli Wong & Associates, Inc (GW) filed suit against Williams Nichols who was a former employer of their firm. GW claims that Nichols used confidential information that was in a database that the firm maintained. GW contended that Nichols was in breach of contract and referenced the Consumer Fraud and Abuse Act (CFAA). Based on their claims, the court will rule in favor of Nichols and dismiss the plaintiff’s case. The plaintiff failed to state a claim upon which relief could be granted. Specifically, Nichols did not meet any of the requirements outlined in the CFAA. Nichols did not transmit information or cause damage without authorization to a protected computer. Nichols was a former employee of CW: therefore he had authorization to the computer with the database. Nichols did not intentionally access the computer without authorization, or cause any type of loss to CW. Nichols was right to request dismissal of the plaintiff’s claim. Based on their claim, no relief would be granted. Nichols did not impair the integrity or availability of the information in the database. Any firm will risk the chance of a former employee leaking information to a new employee. CW should have been more specific in their contract for employee’s who had access to confidential......

Words: 406 - Pages: 2

Free Essay

Lit1 - Task 2 - 310.1.5-02, 11, 13 0912

...LIT1 - Task 2 - 310.1.5-02,_11,_13_0912 Family Medical Leave act of 1993 The Family Medical Leave act of 1993 (FMLA) ensures that personnel of companies with 50 or more employees, who work within a 75 mile radius of those in need of the leave, are able to take time off in order to balance their personal obligations with their employment commitment. An employee will qualify for family leave if • they need time off for a serious health condition • or a close family member requires care because of a serious health condition and • they have worked for their employer for at least 1 year • and they worked at least 1250 hours for the employer in that year • and they notify the company • and fill out the necessary paperwork in a timely manner The leave requested by the employee is unpaid and the employer must maintain the employee’s benefits during their time of leave. When the employee is able to return to work they must be restored to the position they held when they began their leave at the same pay and benefit rate. If the employee cannot perform the job function they performed at the time of the leave request they must be given an alternative position at their previous pay and benefit rate. In our case since Company X qualifies as a company that needs to abide by the FMLA requirements and Employee A met the requirements for time off to care for his wife and premature twins, Employee A was permitted leave from his employment duties for this purpose. On Employee......

Words: 1046 - Pages: 5

Free Essay

Jeremiah 29:11-13

...DB#1-Jeremiah 29:11-13 21 Aug. 2104 BIBL350_B10 Most people have at some point construed Jeremiah 29:11-13 as a promise from God to prosper our individual lives and to offer us hope for the immediate future, myself included. It is printed on coffee mugs and t-shirts, preached to us at church, and offered as an inspirational pick-me-up when we are feeling lost and afraid. We want it to be a personal assurance that God is listening to our supplications, and will come running when we beckon to Him for deliverance from whatever evils hold us captive. While this, in its basest sense, is true—God does hear us and come to our aid when we need Him—in this specific instance, we are entirely missing the point. Without a deeper examination of the original intent of these verses, we fail to see that God is giving a corporate blessing, meant to give hope to a nation during their time of captivity. We are often so self-involved that when we come across verses such as these, we misidentify their true significance. We must focus our thoughts on the bigger picture and understand that not everything God does is specific to us as individuals, especially in the circumstances surrounding the events associated with Jeremiah 29:11-13. “…I was violating the context and completely missing the fact that God was talking to a nation (not an individual), a nation that had to go through seventy years of heartache and exile before there was any hope of freedom from captivity. And if it could not......

Words: 633 - Pages: 3

Premium Essay

Wgu Lit1 Task 3

...Student I.D. E-Mail: Western Governors University LIT1: Task 310.1.5-02, 11, 13 Situation A: The employee’s FMLA right was satisfied when he was granted the leave by the company. The employee has been employed at the company for two years prior to his request, which clearly fulfills the requirement of working a total of twelve months before the leave must be granted by the company, which employees more than fifty employees. The request for leave was for birth care, which is a valid reason to request FMLA. All of the applicable provisions of the FMLA were adequately met for this particular employee. FMLA grants twelve weeks of unpaid time off and guarantees that the employee will then be able to return to the same job at the same rate of pay. FMLA provisions do not require paid time off as a mandatory action for the company; therefore, the employee cannot expect the company to pay eleven weeks of withheld salary and the company has not violated any FMLA rules by denying that specific request. Situation B: It is apparent the 68-year-old employee is performing his work duties adequately. The employee has an above average rating; therefore, it cannot be argued that his age is affecting his quality of work.  Nothing to suggests that his work does not meet the standards of the company.  This is an example of why the Age Discrimination Act of 1967 is so important and necessary. This given situation is an obvious violation of the Act.   The employee is......

Words: 488 - Pages: 2

Free Essay

Wgu Lit1 Task2

...Western Governers University LIT1: Task 310.1.5 - 02 11 13 Situation A: The Family Medical Leave act of 1993 states that any employee who has been with the company for 12 months qualifies for job and salary protection as long as the company has at least 50 employees in a 200 mile radius. Since Company X employs 75 people it must meet the follow FMLA policy. Employee A qualifies for FMLA job protection since he has been with the company for 2 years prior to his qualifying family event. Birth and medical complications leading up to it are qualified reasons to request FMLA however, the act states employees may take up to 12 weeks of unpaid leave. There is no requirement under FMLA that leave be paid, any compensation to the employee during their leave is a voluntary act by the employer. Therefore, the denial for his 11 weeks pay is not a violation of FMLA. The managers actions were appropriate and with in the law. Situation B: The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees 40 years of age or older. Given the glowing performance review of the 67 year old employee that was turned down for the promotion it is apparent that age discrimination was probably in effect. The violation possibility is amplified by the fact that the 38 year old promoted person was much younger and had a lower performance review. This employee could report or sue the company for ADEA violation. Situation C: The company has violated Title I of the......

Words: 464 - Pages: 2

Premium Essay

Lit1 Task 310.1.5-02, 11, 13

...members this is a common type of leave. Under FMLA, when an employee returns from their leave, the employer is required to return the employee to their previous position, salary, work hours and benefits. If the employee is no longer able to perform their previous job, they are to be given an alternative position with the same salary, work hours and benefits they had before the went on FMLA. How the Rules Apply to the Situation For the given situation, Employee A has been with Company X for a long enough time to qualify for for FMLA leave. They also have the right to take off the time for his wife's pregnancy. With being gone for 11 weeks he still is on job protected unpaid leave as it is under the the 12 week limit. Conclusion if a Violation Occurred Company X did not commit any violations in this situation. They had granted him leave for 11 weeks and returned him to his previous position and pay when he returned to work. The FMLA is for an unpaid leave so Company X does not have to pay him for his leave from work. Situation B - Age Discrimination in Employment Act Rules of the Law The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that was put in place to prohibit any type of employment discrimination based on age. Employers with 20 or more employees are required to obey this law. Some state laws differ from the federal law and apply to companies with less than 20 employees as well. During the hiring process, a person cannot be denied......

Words: 1450 - Pages: 6

Premium Essay

310.1.5-02, 11, 13

...ensure that the employee gets the job he or she was doing before he or she went on leave and the same amount of pay, the benefits they used to get, and must fulfill all the terms and conditions that the employer and employee agreed upon. Employers are also obligated to carry on health insurance coverage that applies to a group for the employee that has gone on leave under the unchanged terms and conditions as though the employee had taken no leave in the first place. It is evident that there was no violation of FMLA in situation A. Company X met all provisions of the FMLA. FMLA allows an employee up to 12 weeks of unpaid leave; the employee stayed for 11 weeks. Employee A was granted a return to the same position with the same rate of pay as required in the FMLA. The only issue in question is Employee A’s request for 11 weeks of back pay. The FMLA does not state that an employer is required to pay an employee’s salary during his or her requested leave. I don’t have a guess as to why the employee is under the impression that he is entitled to be paid for his time of leave. It’s clear that the company has met the FMLA obligations and a violation has not occurred. Situation B – The Age Discrimination Act (ADEA) The Age Discrimination in Employment Act of 1967 (ADEA) was designed to avoid and forbid age- based discrimination against employees. Sageant (2006) classifies ages into certain groups. She says “ Young age discrimination is as from 16- 24 years, middle 25-49...

Words: 1181 - Pages: 5

Premium Essay

Lit1 310.1.5-02, 11,13

...Situation A The Family and Medical Leave Act (FMLA) provides eligible employees the right to unpaid leave, job protection, and health benefits up to 12 weeks during any 12 month period to attend to qualifying family matters. Eligible employees must be employed for a minimum of 12 months and have worked 1,250 hours the previous 12 month cycle. Employee A was eligible and granted FMLA for the birth and care of his twins. He had met the requirements by being employed with Company A for 2 years and having a qualifying event. Upon his return from leave, Employee A returned to his previous position with the same compensation he made prior to his leave of absence as mandated by FMLA. Even though the previous manager agreed to pay the withheld wages, Employee A is not entitled to the wages withheld during his eleven week absence. The Family and Medical Leave Act clearly states that time taken is unpaid leave. Therefore, the current manager’s decision of denying the wages is justifiable under the guidelines of FMLA. Situation B The Age Discrimination in Employment Act (ADEA) ensures protection from discrimination of individuals who are 40 years of age or older in the workplace as regard to their age. ADEA makes it illegal to discriminate against a person because of their age with respect to hiring, termination, promotion, wages, benefits, job assignments and training. Keeping in mind the ADEA guidelines, it is readily apparent that Employee B was discriminated in......

Words: 468 - Pages: 2

Free Essay

Lit1 Task 11

...Dennis Oglesby LIT1 Task 1 The Family and Medical Leave Act of 1993 provides protection for the employee when medical or family issues arise that cause them to miss work. Without this act, employers would be allowed to terminate ill employees or those who must provide care for their families. There are, however, provisions for when this act is applicable. The first major provision dictates how many employees a company must have in order to be susceptible to the rules it presents. According to the law, employers with 50 or more employees within a 75 mile radius must abide by the policies of the act. A second provision explains which employees are protected. In order to qualify for coverage, an employee must have worked for a company for at least 12 months, with 1250 hours of documented service time. A third provision of the FMLA details the actual protections that are provided to employees. Qualified employees are to be granted up to 12 weeks of leave per year. This guarantees that they will still have a job when they return, as well as their original salary amount; however, it adds that the time off does not have to be paid time. Employers are not required to pay employees while on FMLA leave (Leave Benefits, n.d.). When determining whether the act applies to a given situation, it is important to determine whether both the employer is susceptible to the standards and whether the employee qualifies for the protections. Our company has more than 75 employees, placing us......

Words: 1161 - Pages: 5

Premium Essay

Lit1 Task 2

...Running head: LIT1 TASK 310.1.5-02, 11, 13 LIT1 Task 310.1.5-02, 11, 13 Western Governors University 1 LIT1 TASK 310.1.5-02, 11, 13 2 LIT1 Task 310.1.5-2, 11, 13 Situation A The Family and Medical Leave Act of 1993 (FMLA) contains several important provisions that are applicable and will be considered in Situation A. I have outlined these provisions below. First, according to U.S. Department of Labor, Wage and Hour Division, Fact Sheet #28 (U.S. Department of Labor, Wage and Hour Division, 2010), the FMLA applies to public employees such as state and local governments, some federal employees, and all private-sector employees. Since Company X is a private organization, it falls within the bounds of this act. Second, the act specifies a private-sector entity that employs more than 50 employees is subject to its regulation (U.S. Department of Labor, Wage and Hour Division, 2010). Company X currently serves as an employer for more than 75 workers and therefore its employees may utilize the benefits of the FMLA. Third, the employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:  for the birth and care of a newborn child of the employee;  for placement with the employee of a son or daughter for adoption or foster care;  to care for a spouse, son, daughter, or parent with a serious health condition;  to take medical leave...

Words: 1272 - Pages: 6

Free Essay

Lit1 Task 310.1.5-02, 11, 13

...Director of Human Resources Situation A: Employee A has been with Company X for two years. Employee A's spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave. The previous department manager left the company during Employee A’s leave. The new manager has agreed to Employee A’s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary. In “Situation A” employee “a” is guaranteed leave for up to 12 weeks during any 12-month period under the Family and Medical Leave Act or FMLA. FMLA only applies to employees that have worked for companies for more than 12 months, which in this case, employee “a” has been at Company “x” for two years. However, FMLA only guarantees unpaid leave and job-protection for when the individual gets back. Unless there were signed agreements for the payments of his salary during leave, then employee “a” is not entitled to his withheld salary. FMLA does not guarantee payment during leave; this is between the employer and employee. The only other main benefit of the FMLA that is guaranteed is that employee “a” is also entitled to his health benefits during the 12 week leave. Something we need to look into as well is how many hours employee “a” worked during the previous year; because it must be a......

Words: 1141 - Pages: 5

Premium Essay

Wgu Lit1 Task 1 310.1.5 look at several factors to determine whether or not the Family and Medical Leave Act applies, and to what extent are the obligations of the company and employee to each other. Company X has over 75 employees and is therefore bound by FMLA. Employee A has worked for Company X for two years. We can assume Employee A met the minimum requirements for FMLA as he was approved for and granted leave by the previous department manager. Those requirements included the necessary specified medical event for an eligible family member requiring his assistance. Employee A requested he be allowed to return to work 11 weeks into his approved leave, one week short of the maximum allowed by FMLA, and that he be paid the salary he missed for those 11 weeks. Company X’s current department manager approved Employee A’s return to his previous job and rate of pay, but denied his request for the 11 weeks of withheld salary. Company X has followed the provisions of FMLA by allowing the employee to take leave as needed and allowing him to return to the same or equivalent positon at his previous rate of pay. FMLA does not, however, require the company to compensate the employee during this time. The statue strictly states the leave will be unpaid. Company X could offer to use any of the employee’s accrued vacation or paid time off as an alternative form of compensation for his leave, but that would at the employee’s discretion to accept. The company has met its obligations to the employee under the...

Words: 2008 - Pages: 9

Free Essay

Aia 13-11

...Unit 5 AIA 13-11 Michelle Schwab AC501-02 a. The stakeholders in this situation are those that have invested their money into Sycamore Corporation. They may own a small or large number of stocks in the company. b. There are some ethical issues involved in this situation. The first one is that the president is worried the stockholders might want to have her removed as CEO of the company, but the president decides that she could buy them out to reduce the risk of having them as opponents. This is an ethical issue, since the root cause of the problem is not resolved, and eliminating the stockholders as opponents but there may be other potential investors that may not see the decision making of the president to be using best judgment with the company. Even if the cash position is decent for the company, the president needs to make decisions that benefit the company as a whole not just her. c. I do not think Loptien should proceed with the transaction. I believe this would not be the correct decision for the company as a whole. To me this shows to potential investors that if the president feels threatened by the current stockholders, that if they invested in the company, she may do this type of transaction again. The purchase of these shares might increase the earnings per share, but I think Loptien is only thinking on the cash basis of the company, but there are other factors she needs to look at, not getting rid of the issue at hand with the......

Words: 267 - Pages: 2