Essay on Lit1 Task2

1474 Words Dec 27th, 2014 6 Pages
Situation A – Family Medical Leave Act of 1993 The Family Medical Leave Act, FMLA, requires that a covered employer must provide a qualified employee with twelve weeks of unpaid leave in any twelve-month period to care for oneself or a family member with a serious health condition. The FMLA requires twenty six weeks in any twelve month period for the care of a member of the armed forces. Within this act are a number of conditions and exceptions. A serious health condition that is covered by this act includes pregnancy, prenatal complications, birth of a child, adoption of a child, or fostering a child. The health conditions also include chronic condition, long-term conditions, hospitalization, and ongoing treatment conditions …show more content…
The eligible employee is anyone who works for a covered employer, has worked for the previous twelve months or more for the employer, and has at least 1250 hours of service during the preceding twelve months. An eligible family member is anyone in the employee’s immediate family and to include step-families and anyone that the employee is caring for as a fill in parent whether blood related or not. The facts of the case in Situation A are that the employee requested and took eleven weeks off for the birth of his children. Assuming that Company X is a covered employer as previously detailed and the employee worked for at least 1250 hours in his previous twelve months of employment, it appears that this situation applies to adherence to the Family Medical Leave Act. This means that Company X must provide the employee with his previous position or an equivalent position with equivalent salary. Company X should also have continued to pay its portion of the employee’s health insurance benefits, if applicable. Company X is not required to reimburse the employee for any withheld wages for the eleven week period unless the employee has and wishes to use any unused paid leave. The facts are unclear in this scenario whether there is any unused paid leave for consideration. Given the facts as stated in this situation, the manager for Company X has not violated

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