Case Study: Family Medical Leave Act

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Situation A. Family Medical Leave Act of 1993
Family Medical Leave Act of 1993 entitles eligible employees of covered employers to take unpaid, job-protected leave for themselves or a qualifying family member for a specified family and medical reasons, also known as FMLA (February, 2015). The Family Medical Leave Act only applies to employers that meet the required criteria. Covered employers under FMLA are public and private elementary and secondary schools, public agencies and private-sector employers with at least 50 or more employees (February, 2015). FMLA leave is generally unpaid leave, however, an employer may require an employee or an employee may elect, use the employee's accrued paid leave (if available) for some or all of the FMLA leave period if the employee would like to be compensated during that time away. The Family Medical Leave Act does entitle continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave (February, 2015). The employees of a covered employer must meet the following guidelines. First, employees must work for the employer for at least 12 months at the time the leave is initiated. Secondly, the employee has to have worked 1,250 hours for the employer during a
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The statute states it is unlawful for an employer to discriminate against a person 40 years of age or older because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training (September 2008). An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than

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