Family Medical Leave Act Case Study

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Situation A: Family and Medical Leave Act of 1993
The Family and Medical Leave Act (FMLA) of 1993 provides eligible employees to take unpaid, job-protected leave of absence from work for certain circumstances related to family or medical reasons. To be an eligible employee, one must be employed for at least 12 months, at least 1,250 hours over the past 12 months, and work for a company that has 50 or more employees within a 75 mile radius. According to the United States Department of Labor, the following circumstances
• The birth and care of a newborn or placement of an adopted or fostered child
• The care of an immediate family member with a serious health condition
• The employee's own health condition
• Qualifying exigencies related to a family member in the military.
FMLA is limited to 12 weeks and ensures that upon returning to work after that time, the employee will be reinstated in their original or equivalent job with matching
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Age discrimination involves treating an applicant or employee differently.
According to the United States Equal Employment Opportunity Commission (EEOC), the ADEA does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination. It is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older.
Since Employee B is 68 years old, he is protected by the ADEA. Employee B has been with “Company X” for 42 years and received an “above average” rating on his performance review. This provides evidence against the company using the Reasonable Factors other than Age Defense (RFOA) according to the

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