Medical Leave Case Study

Improved Essays
Show More
The United States Department of Labor’s website states in Wage and Hour Division (n.d.) that the Family and Medical Leave Act of 1993 entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. This essentially means employees can take a leave of absence for medical related reasons, while still receiving their medical coverage, although the employer is not obligated to pay the employee. The employee can take a leave of up to twelve weeks in a one year span for situations such as to care for the birth of their child or to deal with a serious medical …show more content…
The company also allowed the employee to return to work after his eleven week leave. In this situation, the company appears to have done everything by the law. They allowed their employee to return to work after an eleven week leave, which falls within the twelve week leave that he is allowed. The employee requested to be paid his salary for the eleven weeks he was on leave, but the company refused to do so, which they can legally do. In conclusion, everything was done by the book, and the company is not at fault for any wrong …show more content…
This situation would be completely legal if the 32 year old was as equally qualified as the 68 year old, but based on performance reviews, that is not the case. The situation states that the 68 year old lost out on the promotion due to his age, despite performing better at his job than the 32 year who received the promotion. This situation would violate the Age Discrimination in Employment Act of 1967. In addition, if the employee decides to take legal recourse, it would be unlawful for the company to take any type of retaliation against the

Related Documents

  • Improved Essays

    Task 310
    • 597 Words
    • 3 Pages

    Task 310

    The employee works for a covered employer and has worked more than the requisite 12 months to be eligible for coverage under the Family and Medical Leave Act. The employee is entitled to up to 12 weeks of leave in a single 12 month period and returned within that period after 11 weeks of absence. The employee is also covered as the reason for his absence being the birth of a child and the care of a spouse and/or child…

    • 597 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Fmla Regulations
    • 707 Words
    • 3 Pages

    Fmla Regulations

    The employee needs only to be employed for half the time required by federal; 6 months and working a 25-hour work week. After the first 12-weeks of leave is taken, should the need arise, an employee can take an additional 12-weeks within that first year; under certain conditions. If an employee has a serious health condition that is either terminal or imminent death, they have more protection under state versus federal. Planned medical leave is requested 30-days in advance, in writing. If leave is sudden, an oral request within 24 hours followed by a written request three days after returning work, is permitted, whereas federally the request is need as soon as the employee is able.…

    • 707 Words
    • 3 Pages
    Improved Essays
    Read More
  • Decent Essays

    Fmla Pros And Cons
    • 303 Words
    • 2 Pages

    Fmla Pros And Cons

    To address whether the employee leaves granted by the Family and Medical Leave Act (FMLA) represents an undue burden on employers required to comply with the Act it needs to clarify that this Act provides employees with up to 12 weeks of unpaid, job-protected leave per year. This information which is provided by the United States Department of Labor also explains that during the leave the employees also maintain their group health benefits. (1) For the employee side, this act is a fantastic solution that makes life batter outside the home-work routine. Thanks to this act, employees now get to have time to enjoy vacations and time with their family.…

    • 303 Words
    • 2 Pages
    Decent Essays
    Read More
  • Decent Essays

    Fmla Ada Analysis
    • 478 Words
    • 2 Pages

    Fmla Ada Analysis

    FMLA is unpaid leave however an employee may choose to substitute paid accrued leave, or an employer may require it. An employer must maintain the employees group health coverage while that employee is on FMLA leave. If eligible for FMLA, an employee may take up to 12 weeks of leave for the birth and care of a child, to care for a foster or adopted child, to care for their spouse, a child under the age of 18, a parent with a serious health condition or to take care of their own serious health condition. The two types of military family leave are exigencies which is for short notice deployment situations to allow the employee to arrange for childcare, to…

    • 478 Words
    • 2 Pages
    Decent Essays
    Read More
  • Decent Essays

    Fmla Case Study
    • 318 Words
    • 2 Pages

    Fmla Case Study

    Class, I believe there are cases where the worker or employee has taken advantage of their FMLA and caused undue burden on their employers. First, let us list the reasons why an employee can take a Family and Medical Leave Act absence. An employee is entitled to FMLA for the following reasons: • The birth of a son or daughter, and to care for the new baby; or • The placement of a child for adoption or foster care and for the worker to care for that newly placed child; or • To tend for an immediate family member with a serious health or medical condition; or • When the worker is incapable of working because of a serious health or medical condition. These are valid and important reason in any employee’s life and should be respected.…

    • 318 Words
    • 2 Pages
    Decent Essays
    Read More
  • Decent Essays

    Absentee Policy Case Study
    • 93 Words
    • 1 Pages

    Absentee Policy Case Study

    The nature of the grievance is as follows: Grievant, Chelsea Dake was terminated for late/no notification Adjustments sought: She be reinstated and the company consider looking at revising the Late/No Notification of the Absentee Policy. Chelsea was hired on November 21st, 2017, she was given the absentee policy when onboarded and the policy was reiterated when she was written up all three times. Because of her violation the Absentee Policy, she was ultimately terminated. The company had just cause for her termination.…

    • 93 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Case Study: Family Medical Leave Act
    • 1077 Words
    • 5 Pages

    Case Study: Family Medical Leave Act

    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.…

    • 1077 Words
    • 5 Pages
    Improved Essays
    Read More
  • Decent Essays

    Family Medical Leave Act (FLMA)
    • 295 Words
    • 2 Pages

    Family Medical Leave Act (FLMA)

    Family Medical Leave Act Family Medical Leave Act (FLMA) was created in 1993 which is about 24 years ago today. Throughout the years FLMA continues to be very challenging for employers and employees. FLMA is proven to be very challenging for organizations to deal with, these challenges are due to the changes made by the Department of Labor (DOL). The Department of Labor has up dated new by-laws in order to provide clarification to employees and employers. The purpose of these new by-laws is to help employees understand the rights and to let employers know what their obligation are to their staff.…

    • 295 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Health And Social Care Level 3 Unit 1 Task 1
    • 722 Words
    • 3 Pages

    Health And Social Care Level 3 Unit 1 Task 1

    LIT1 – Task 1 Fogwill. H. (2016) Western Governors University WGU Student # 000519534 LIT1 – Task 1 Major Provisions of the Family and Medical Leave Act of 1993 The Family and Medical Leave Act (FMLA) of 1993 allow employees to take a maximum of 12 weeks of unpaid time off from work while their job will be protected for them on their return. Additionally, FMLA states employees will continue to have access to their group life insurance (Department of Labor, n.d-a).…

    • 722 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Family And Medical Leave Act (FMLA)
    • 1089 Words
    • 5 Pages

    Family And Medical Leave Act (FMLA)

    History of the Act. The Women’s Legal Defense Fund in 1984 came up with a draft of the legislation that was later to be the Family and Medical Leave Act (FMLA). The legislation was later introduced to the Congress each year from 1984 to 1993 but was repeatedly blocked by entrenched opponents. The Congress finally passed the legislation in 1991 and was passed by the 103rd Congress in 1993 which was the only Congress that had a majority that President Bill Clinton had.…

    • 1089 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Argument Against Fixing America
    • 498 Words
    • 2 Pages

    Argument Against Fixing America

    If someone happens to be pregnant and cannot perform their work, it is not their fault. Just because this happens doesn't mean that money should stop coming into their pockets. According to Washington Post, “...39 percent [workers] do not have...any sick leave at all.” Typically, “workers who lack paid leave are more likely to come to work sick”, says the Bell Policy Center. The issue doesn't do anything but make it more difficult for for others and people around them as well.…

    • 498 Words
    • 2 Pages
    Improved Essays
    Read More
  • Superior Essays

    Family And Medical Leave Act (FMLA)
    • 1884 Words
    • 8 Pages

    Family And Medical Leave Act (FMLA)

    Family and Medical Leave Act (FMLA) was enacted by congress on February 5, 1993. The Act ensures that employers that have 50 or more employees that they are provided protected unpaid leave. Employees are protected for unpaid leave for a 12 week period. The Act not only protects the employee but protects the employee’s family member in the event an illness occurs. This allows the employee to take time off of work to provide the necessary care that is needed for themselves or family member.…

    • 1884 Words
    • 8 Pages
    Superior Essays
    Read More
  • Superior Essays

    Cultural Differences In Hispanic Culture
    • 1302 Words
    • 6 Pages

    Cultural Differences In Hispanic Culture

    Age discrimination in employment cannot be legally…

    • 1302 Words
    • 6 Pages
    Superior Essays
    Read More
  • Improved Essays

    The Importance Of Parental Leave
    • 916 Words
    • 4 Pages
    • 9 Works Cited

    The Importance Of Parental Leave

    While the questions of parental leave is most frequently considered in the light of a woman’s ability to take time off from work after giving birth, the importance of paternity leave must also be considered.…

    • 916 Words
    • 4 Pages
    • 9 Works Cited
    Improved Essays
    Read More
  • Improved Essays

    What Is Age Discrimination Essay
    • 1048 Words
    • 5 Pages

    What Is Age Discrimination Essay

    Age Discrimination Whether they seem too old or too young, people will be stereotyped by their age and this leads to discrimination in the work place. Employers tend to categorize older job applicants as slow, fragile and unable to learn new tricks, while the view younger people as irresponsible, inexperienced and not devoted. Being denied an employment opportunity because of an inaccurate, biased opinion is simply unfair and age discrimination in employment can cause more problems than one might realize. Deciding whether or not to hire someone based upon their age and correlating stereotypes is morally wrong and will not find employers devoted, hardworking employees.…

    • 1048 Words
    • 5 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings