Objective 310.1.5-02:
Situation A.
The Family and Medical Leave Act of 1993 does apply in this instance and the employer has not violated the act.
Company X is a private sector business and has more than 50 employees, thereby being covered by the Family and Medical Leave Act of 1993.
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 …show more content…
The Family Medical Leave Act does not provide for the repayment of lost work time to an employee when taking a leave of absence under the FMLA rules, and therefore Company X is within its rights to deny repayment of the employee’s time away.
Objective 310.1.5-11:
Situation B.
The Age Discrimination in Employment Act of1967 is in effect in this case and the employer has violated the terms of the act.
Company X is an employer with more than 20 employees and did not request or provide a waiver to the employee in question and is therefore culpable under the Age Discrimination in Employment Act of 1967.
Employee B is 68 years old and is therefore covered under ADEA as the protections set forth in the act are for individuals at and over the age of 40.
The Act was violated in this case as the promotion was denied based solely on Employee B’s age and no other factor. Employee B’s co-worker, who is younger (32 years) received the promotion although his performance was less impressive than Employee B’s as evidenced by their scores on their respective annual performance