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Family Medical Leave Act Case Study
Situation A: Family Medical Leave Act of 1993
The Family Medical Leave Act of 1993 allows protected unpaid leave for specific medical or family reasons while the employee is allowed to keep
their health coverage active (United States Department of Labor, n.d.). This law applies to employees that have worked at a company with 50 or more
employees for more that 12 months and have worked at least 1,250 hours during the previous year. It allows employees to take up to 12 weeks of
unpaid leave for events such as, but not limited to: serious personal illness, to care for a spouse, the birth of a child, adoption, etc. This law does not
apply to employees of companies that employ less than 50 employees within 75 miles of the worksite.
Employee ... Show more content on Helpwriting.net ...
Furthermore, Employee B's performance review rated their work as "above average" in comparison to their younger co–worker's performance rating of
"adequate" which reinforces the concern of age discrimination.
Situation C: Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 makes it unlawful to discriminate against a qualified disabled individual (The U.S. Equal Employment
Opportunity Commission, 2005). Employers are required by law to provide reasonable accommodations to qualified employees or applicants with
disabilities unless the employer can prove that the accommodation would be an undue hardship that requires significant difficulty or costs. Job
discrimination against people with disabilities is illegal is practiced by employment agencies, labor organizations, private employers, etc.
Applicant C is paralyzed in both legs and must use a wheelchair with no other disabilities noted. Americans with Disabilities Act of 1990 applies to
both qualified applicants and employees with
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How To Write A Persuasive Essay On Maternity Leave
Maternity Leave In the United States there has been an ongoing battle between women and their employers on the subject of maternity leave. A woman
is creating new life inside of her and once the child is born the first months of its life are crucial to development. This is why it is important that a
mother is allowed to stay home with her child without the fear of being left without a job. America should have better parental leave policies so that
women are able to tend to the growth and development of their child and not be discouraged to leave their jobs, and companies can maintain their
employees happier for a better work environment. It is often unknown how behind America is falling in terms of paid family and medical leave. ...
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Many mothers know the struggle of tending to their child while also wondering about income for their family's. America is one of the most advanced
countries in the world that is why many people do not understand why it is lagging behind in terms of parental care. The United State's parental leave
policy dates back to when men were the only income providers who could easily support a family while women stayed home to care for their children.
If the U.S wants to continue to be a progressive country, something needs to be done about parental leave for workers. It is for the United States to
catch up to the rest of the
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FLMAAct Case Study
Steven does not qualified to receive this leave under the FLMA act for several reasons. This include, The Company only employed 30 employees and
he have only been working with the company for seven months. The company does not have enough employee and Steven has not work the full 12
months to be eligible under the FLMA act.
Julie is eligible for the leave because the company she is currently employ for has seventy five employees which it is required to follow the las. Julie
has worked for the company for four years beyond the required time of twelve months outlined in the act. Because Julie is requesting time off to adopt
a child, which is one of the allowances outlined under the law, she is eligible for the leave under the FLMA
The Family
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Business Law : Labor And Employment Law
Business Law: Labor and Employment Law
Each and every day business throughout the United States are met with challenging situations that are centered around labor and employment law. As
the director of human resources for Company X, I have been tasked with analyzing three situations that may or may not violate any federal acts. The
federal acts that will be considered are the Family Medical Leave Act of 1993 (FMLA), the Age Discrimination in Employment Act of 1967 (ADEA),
and the Americans with Disabilities Act of 1990 (ADA). Each given situation will be reviewed and analyzed to determine if any violations of these acts
have occurred.
Family Medical Leave Act of 1993
In situation A, a two–year veteran of Company X utilized FMLA for 11 weeks of unpaid leave following the premature birth of twins. Upon his return
back to work he has requested his withheld salary during the 1l–week period he used FMLA leave. After reviewing the Family Medical Leave Act of
1993 there are three provisions that could determine whether or not any violations may have occurred. These provisions are that the employee must
have been employed by Company X for a minimum of 12 months, he must have worked at least 1,250 hours in his previous 12 months of employment
with Company X, and FMLA leave is unpaid unless the employee chooses to use accrued vacation and/or sick leave during the timeframe that FMLA
was used.
After reviewing situation A, it has been determined that the Family Medical Leave Act
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Family And Medical Leave Act: A Case Study
The Family and Medical Leave Act (FMLA) implemented in August 1993 grants job–protected leave to any employee satisfying the eligibility criteria
(Cannonier, 2014). The FMLA defines a "serious health condition" as an illness, injury, impairment, or physical or mental condition that involves–(A)
inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider (Lavin & DiMichele,
2014). The FMLA provided benefits only to eligible employees. Under the FMLA, an eligible employee is one who satisfied the following criteria: (1)
has been employed by a covered employer (2) has worked for the employer for at least 12 months; (3) has worked at least 1,250 hours over the previous
12 months; ... Show more content on Helpwriting.net ...
In the case of Crouch v. Whirlpool Corp., Crouch began working as an hourly employee for Whirlpool on or about May 8, 2000. As a Whirlpool
employee, Crouch was obligated to comply with the Shop Rules, including Shop Rule #1, which provides that the fabrication of personnel or any other
Company records is a desecration of the Shop Rules. Crouch assumed that violation of Shop Rule #1 was just cause for termination. To be eligible for
disability leave, an employee's doctor must confirm that the employee is totally disabled and unable to work. Whirlpool employees are eligible for paid
disability leave after ninety days of employment. In 2002, Crouch was approved to take four to five days per month of intermittent FMLA leave due to
chronic pain in his right
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What Is Certification Of Health Care Provider?
All resources = 0%
Certification of Health Care Provider: Everything You
Need to Know
The purpose of certification of health care provider is to certify those employees on medical leave who otherwise do not qualify for, or have exhausted
all time off under the Family and Medical Leave Act (FMLA). The certification will include information needed in order to determine how long and
what type of leave the employee is seeking. FMLA is a federal law that promises certain qualified employees up to 12 workweeks of unpaid leave on an
annual basis without fear of losing the job. FMLA also compels employers maintain health insurance for eligible employees while out on leave. FMLA
was enacted in 1933 as a way to offer qualified employees up to 12 ... Show more content on Helpwriting.net ...
The employee gives birth.
The employee fosters or adopts a child.
A qualifying exigency arises due to the employee's spouse, child, or parent being on active duty or being called to active duty for the National Guard or
Reserve.
Certification Form: Broken Down
Section 1. The first section is to be filled out by the employer.
Section 2. The second section is to be filled out by the employee.
Section 3. The third section is to be filled out by the health care provider.
Employees can take up to 26 weeks of unpaid FMLA leave in a given 12–month period to care for family members who suffer a serious injury or
illness while on active military duty. The definition of "serious" injury can be hard to prove as the law states that the condition must involve more than
3 full, consecutive calendar days of incapacity as well as two visits to a healthcare professional that must have occurred within a 30 day timeframe.
Such proof must be established in the certification. Other Considerations
Employees are not required to visit with a doctor that the employer chooses; the employee can choose whichever doctor he or she sees fit.
The employer is required to obtain a medical certification for every FMLA leave request that is due to a serious health condition.
The employer must deny the leave request if the employee fails to submit the certification on time.
The employer must ensure that the certification is properly filled out
The employer must ask
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Essay about The Family and Medical Leave Act of 1993 (FMLA)
The balancing act of family and work can be very difficult at times. At some point in everyone's life, he or she will need to take time off of work to deal
with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging
demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of
unpaid leave. During the 1992 presidential campaign, Governor Bill Clinton promoted implementing an act that would grant families a temporary
medical leave under certain circumstances. He pushed for a change in the labor law that would protect workers that were caring for their families. Once
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Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot
interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these
workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit.
Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used
once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a
private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These
matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending
the damage (Solis). If foreseeable, employees are expected to give notice of their leave thirty days in advance. However, sometimes this is not possible
because emergencies occur. In such case, the employee should provide notice as soon as they can. If asked to do so, employees
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The United Nations Recognizes 196 Countries
Today in 2016, the United Nations recognizes 196 countries in the world. 189 of them share one similar policy in one way or another. This policy is the
option of paid family leave for parents of new children. Finland is the leader in this policy, offering up to three years of optional paid medical leave,
public day care for children up until age seven, and a family allowance for all parents to support childcare expenses. The rest of Scandinavia follows
closely behind, with generous family allowances, and options for both mothers and fathers to take time off to care for their newborn, often up to 70
weeks of paid leave in total. Other nations may not offer as much leave, but still take into consideration the necessity of women caring ... Show more
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This all seems very rudimentary, and very self explanatory. However if this were the case, there would not be legislation missing from seven countries
simply acknowledging the most basic structure of human biology. These seven countries are Suriname, The Marshall Islands, Micronesia, Papua New
Guinea, Tonga, Palau, and The United States of America. Clearly, there is one stand out in this grouping. Not only is the United States only one of two
non south pacific island in this club, it is the only developed country. The United States sticks out like a sore thumb here, and as a leader in bodies such
as the United Nations, the OECD, and the world in general, this is a significant gap. The United States failure to pass legislation mandating maternity
represents their failure to acknowledge American women as a significant part of the workforce. The United States will not join the rest of the world
until they recognize this and pass legislation, they will stay behind the rest of the world.
Although the United States does not offer any paid time to parents of newborns, there are policies providing parents unpaid time off. In 1993, congress
passed the Family and Medical Leave Act, or FMLA. FMLA offered 12 weeks unpaid leave to those with qualified medical and family reasons.
Additionally, those who take this leave are given job security, and cannot be fired based on
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Maternity Leave Research Paper
Introduction
Historically the role of the women was aligned with motherhood and supporting the household.Drastically changed in the 21st century, women are now
the sole providers of their households all while holding top positions and providing support and love to the individuals in their lives' . Welcoming the
progressive era, a time of robust improvements for many areas in society, public health was one. With the increasing advancement of medical
technologies many diseases that most thought to be incurable had treatments and things that could help an individual live a number of years more than
if there was no treatment at all. This era also welcomed the Sheppard–Towner Maternity and Infancy Protection Act allowing for monetary funds to be
issued that encouraged the health and education surrounding mothers and children. Not included act was maternity leave rights. Maternity leave did not
make it into official documents until after the Civil Rights act, and the denial of its regulations within the house and senate. Boushey (2008) divided
maternity leave into two categories. She stated,
"maternity leave can be broken down into two kinds of ... Show more content on Helpwriting.net ...
One was the tendency for imprecision for birth measurement monthly. The second one was maternity leave not having a direct measure which could
have lead to the results having a convergence of leave with employment. The ability for Monte to sufficiently collect measurements that were from the
crude market during that time,which were remarkably hard to get because of the intricate low–wage job market. Beyond the limitations the research
showed that although it was hard for women in general to retain employment, women who had just had a child found it much harder to get a job. Since
their postpartum period had to be extended this caused them to miss time that could have been spent on the job. Another thing not considered was the
new mother family
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Essay about The Ethical Issues Of Family Medical Leave Act
The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats,
Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5,
1993. The Act required employers with fifty or more employees within a seventy–five mile radius to offer eligible employees up to twelve weeks of
unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care
for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage;
employee ... Show more content on Helpwriting.net ...
To reduce problems, employers should give injured workers notice of their rights under the FMLA if the injury appears to qualify under both statutes.
The protected leave provided by the FMLA may run concurrently while an injured worker receives worker's compensation benefits, but only if the
employer gives proper notification to an employee before the individual returns to work. Otherwise, the employee retains all FMLA rights for any
future problems or a recurrence of the original injury. This can be a problem when the employee takes FMLA leave "intermittently," to receive
rehabilitative services or other treatments. It is essential that front line supervisors be made aware of the basic provisions of these laws to head off
misunderstandings. Supervisor training is especially important since and employee is not required to make a specific request for FMLA leave in order
to be protected. A uniform policy and supervisory training should help prepare an employer to handle these complex issues. The employer's ethical
responsibility is to post notices of employee rights and responsibilities under the FMLA. Also include an FMLA policy in existing employee handbooks
or otherwise distribute such a policy, and must notify employees of their rights and responsibilities under the Act when a request for FMLA leave has
been made. Those in favor of a national standard for family leave have argued
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Desire Effective Date Essay
This message is to provide clarification on the meaning and intent of the "Desired Effective Date" on Personnel Action Forms. Please be aware and
mindful that this the date you are requesting the action to become effective and that it may not be the actual date the action becomes effective. The
validity of this date is wholly dependent on when the request is actually approved by the final approving authority. With limited exceptions, the earliest
date any action can be effective is the date on which it is finally approved. While some actions such as merit or market increases, adjustments for
interim appointment, or extra compensation may in some instances become effective retroactively, initial appointments to any class of appointments ...
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This creates two significant problems for the University: 1. They are working as undocumented workers which is a direct violation of federal law. 2.
Absent a background check the University assumes liability for possible negligent hiring. The hiring supervisor exceeds their constitutional authority
and assumes personal liability for the actions or injuries of the individual they permitted to work and waives the right to be defended by the University's
attorney for any occurrences stemming from their decision to permit someone to work. In other words you're on your own if things don't go well. The
hiring supervisor becomes guilty of insubordination and will be subject to disciplinary action which could include termination. Please know that we
share in your frustration with the amount of time it takes to process hiring requests through our existing systems. Whereas our greatest frustration may
be having someone in place to do the work, the individual hired improperly , in every instance, suffers by not being paid timely or missing out on an
opportunity to obtain insurance for their family. Just remember that a properly hired employee is also a properly paid
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Persuasive Essay On Paid Family Leave
We all care about a family, we would all drop everything if they were to extremely sick out of nowhere. The only thing that is stopping us from doing
this is our work. As medicine keeps on advancing, people will start to live longer than in the past. That would mean that we would have to be very
careful with our parents, but how are we going to take care of them if something were to happen to them and not just the elderly but everyone that we
care about. Our children, our sisters and brothers, our uncle and aunts and cousins, who knows what could happen to all our loved ones. If we were to
get some sort of program or law that would let us be able to take care of our families, then we should make sure that we have job protection and some
sort of income that would help us out during the tough times. We should also make sure that every person that is working has the same benefits as every
other worker in the U.S. In Lisa Belkin's article "Paid Family Leave", she states that we, as a country, should have paid family leave like many other
countries around the world. It should not just have to deal with maternity or paternity leave but it should also deal with our sick relatives. The benefits
that would come with this are good but the problem that most people have with this program is where the money would come from and if this program
were to affect everybody or just a select handful. The benefits that come with paid family leave are good, but what comes because of those benefits
outweigh them. A lot of people have said that paid family leave in some way hurts a business but studies have shown that because of paid family leave,
workers have been more productive and want to come back and work. Studies have shown that having some sort of program where you can have some
sort of leave has increased business productivity and it has made the employees loyal to the company. It boosts the employee's morale, making them
want to work (Chen). If you think about it, it would make sense that people are wanting to go to work. If the company would allow this to happen, then
they would not have to care about losing their job because of a sick family member and they could continue their work. If a family member
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Health Benefits Of Maternity Leave
HEALTH BENEFITS OF MATERNITY LEAVE
There is a correlation between postpartum and physiological and psychological health issues (Chatterji, 2004). Studies also found that inadequate time
away from work after giving birth spurs postpartum therefore, paid maternity leave needs to be addressed to alleviate these results since recent mothers
with limited financial resources tend to return to work sooner than they should. Also, it is difficult for working mothers to juggle a demanding work
environment while caring for an infant at home. The stress of trying to balance the two has shown to weaken the immune system which causes other
health problems down the road. According to Chatterji, returning to work too early also comes with consequences including numerous psychological
conditions but most particularly depression. Chatterji also states that these negative symptoms can be reduced incrementally by increasing the time of
maternity leave.
Studies have also found that maternity leave contributes to better development and the health of children. It has been concluded that infant mortality
rates can be reduced by 0.5 deaths per 1,000 live births with an additional week of maternity leave (Hofferth, 2006). That fact alone should be reason
enough to increase the length of maternity leave. Research has also demonstrated that breast milk contributes to a stronger immune system and disease
prevention. However, breastfeeding tends to decrease when mothers return to work due to
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Family And Medical Leave Act Case Study
Situation A:
With regards to the Family and Medical Leave Act of 1993 (FMLA), Company X is in full compliance. The FMLA clearly states that if an employee of
a company that has been with a company for more than 12 months, they are entitled to 12 weeks of unpaid, job protected leave every 12 months for
qualifying events. Qualifying events would be considered as, but not limited to, child birth, serious medical injury or the placement of a child into
adoption or foster care. There is a secondary provision in place that would allow you to take 26 weeks of unpaid, job protected leave for the care of a
covered service member for serious injury or illness. In all instances of the FMLA, your job is protected, there are no federal guidelines to dictate your
employer is responsible for covering lost wages during this period of leave. Your employer is only responsible for retuning you to your previous or
similar position at the same rate of pay that you were receiving when you started your leave.
Situation B:
The Age Discrimination in Employment Act of 1967 (ADEA) was enacted by congress because of its concern that older workers were disadvantaged in
retaining and regaining employment. ... Show more content on Helpwriting.net ...
The ADA states that an applicant with a disability is someone who, with or without reasonable accommodation, can perform the essential duties of the
position in question. Reasonable accommodation is described as, but not limited to, making existing facilities used by employees readily accessible to
and usable by persons with disabilities. The ADA further calls for the modification of equipment or devices needed to complete the essential duties of
the position. Employee C's request to have the floor selection buttons in the elevator lowered to an adequate height for a wheelchair bound person, is in
fact a reasonable request and would fall well into the realm of reasonable
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Guaranteed Paid On The United States Essay
Mariah Inghram
ENGL 3060 J
Rough Draft
Katherine Berta
November 22, 2016
Guaranteed Paid Maternal Leave in the United States
Today there are two countries in the world that do not currently guarantee paid maternity leave for employed new mothers and/or expecting mothers,
those countries are the United States and Papua New Guinea, according to the International Labour Organization, an United Nations agency, which
recommends a minimum 18 week maternity leave (Rubin 2016, p.1). In recent years, the controversial issue of guaranteed maternal leave has been a
prominent topic of debate amongst political activists and elites, particularly in the United States, where reform is a feasible option but has yet to be
achieved. It is this absence of policy that serves to provide guaranteed maternal for all working mothers that has been linked to significant health related
issues; these adverse effects not only impacts those mothers, but their children as well. Although paid maternal leave remains a controversial matter,
policy reform that implements such leave is not only a feasible option in the United States, both economically and politically, it is an ethical necessity
in order to facilitate the well–being of American women. Thus, in order to work toward ethical political/governmental policy that supports the well–
being of women in the United States' workforce, it is crucial that guaranteed paid maternal policy is implemented.
Today, the United States' policy for maternal leave
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The Family and Medical Leave Act of 1993 (FMLA)
Situation A.
The Family Medical Leave Act, deals with the laws regarding "eligible" employees taking off up to twelve weeks of unpaid leave for their child's birth,
adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered
an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of
1,250 hours in that year. "The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave"
(Vikesland, 2006). The Family Medical Leave Act is not just to protect employees and look after their interests, but it is ... Show more content on
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The "eligible" employees are allowed to have up to twelve weeks of leave, but it is unpaid. However, if the employee has sick time, or vacation leave
they have not used then that pay could be applied to their FMLA time off. So, if employee A has stored paid sick, or vacation time, then the manager is
required to pay him for the time that he has been gone. If employee A did not have any paid leave to take, then it is considered normal FMLA leave an
the manager is not required to pay the employee for any time while gone. So, looking at the situation there has not been a violation of the FMLA.
Situation B.
The Age Discrimination in Employment Act governs discrimination in the work place for people age forty and older. "Under the ADEA, it is unlawful
to discriminate against a person 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" (EEOC, 2008). Because of companies wanting employees that were going to
have longevity from their starting point, or wanting to move the younger people up the corporate ladder, something had to be done to protect the rights
of the older generation. The ADEA protects those rights; it forces employers to give benefits to employees over forty, it doesn't allow companies to
advertise for jobs specifying an age, or age limit, and it does not allow a company to
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A Brief Note On Labor And Employment Law
October 19, 2015 Robert W. Morley III Western Governors University Rmorle2@ wgu.edu Student ID 000460094 LIT1 – Task 1 – Labor and
Employment Law Situation A Employee A has been employed with Company X for two years. Employee A's spouse gave birth prematurely to twins.
He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be
paid the withheld salary from his 11–week leave. The previous department manager left the company during Employee A's leave. The new manger has
agreed to Employee A's return to the previous job, at the previous rate of pay. But, the manager has denied the request for the 11 weeks of withheld
salary. 1. Relevant Facts of Situation A. Employee A has been employed with Company X for two years. Employee A has requested FMLA as he and
his spouse have given birth to premature twins. While Employee A was on FMLA, a change in department managers occurred. This change has no
bearing on Employee A's FMLA or his return. Employee A has requested to return to work after using 11 weeks of the allowable 12 weeks of FMLA.
Employee A is requesting that he be paid for the 11 weeks he was on FMLA. The department manager has denied Employee A's request to be paid for
the 11 weeks of his FMLA leave period. Employee A is now appealing this decision. 2. How does the Act Apply to This Situation? The FMLAAct
requires that an employee
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Benefits Of Child Care
Benefits of Child Care
Care centers provide child care on a regular basis inside or outside of the child's home. These programs help teach children the information they need to
be successful later in their lives. Daycares also aid parents in taking care of children when they begin working again after a baby's birth and throughout
most of the child's young life. Early child care centers have been around for many years; therefore, there are a variety of centers for the parent to choose
from. The history of daycare services in the United States has proven to be beneficial for children and effective in helping working mothers be able to
earn a living and effectively raise their children.
Child care centers have been around since 1898. These centers ... Show more content on Helpwriting.net ...
"Children's sense of competence and self–worth grow as they learn to take care of themselves and help others" (10 good reasons your child should
attend preschool). Potty training is a problem when a parent tries to enroll their kids in school, the children must be able to use the restroom with
minimal help. The kids also must be able to feed themselves using silverware and keeping somewhat clean. Being able to feed themselves and use the
restroom on their own is not only something they will need to know to go to school but to live. Preschool centers are made to teach kids not only
necessities for school, but also for everyday life. Teachers boost children's desire to do "real work" by having the help in the classroom, the students
help set the table for snack, or feed the class pet. The kids are also taught to wash their hands before they eat, keep their belongings in their own cubby,
and put away the toys they were playing with before moving on to do something else (10 good reasons your child should attend preschool). Early child
care programs teach their students how to do these everyday activities so that the parent does not have to worry about not having time to prepare their
kid for school and everyday life. Daycares are crucial to the early development of a child with a busy set of
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Informative Outline Essay
Title of Presentation: The role of the Family and Medical Leave Act in the workplace.
Name of Presenter: Maria Vargas
Description of Business Audience:
Informative presentation to managers to fully understand the new standard regulations of the Family and Medical Leave Act in a company.
Introduction:
The year 2013 celebrates the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) by President Clinton. Since then, many
families has had the advantage of this law. In 2013, President Obama signed new regulations to the FMLA that covers service members and veterans.
Thesis Statement
A better comprehension of the Family and Medical Leave Act for managerial employees.
What is the Family and Medical Leave ... Show more content on Helpwriting.net ...
The comprehension and continued knowledge is vital for both the employer and employee, to fully gain the benefits of the program.
Visual Explanation * 1. Chart representing employee awareness of FMLA. (Simonetta, 2012)
2. Chart representing the knowledge of employee of the FMLA. (Simonetta, 2012)
References
1. Bosland,Esq.,C. (2009) Military Caregiver Leave: Key provisions of the new DOL regulations. In The FMLA Blog. Retrived June 1, 2013, from
http://federalfmla.typepad.com/fmla_blog/2009/01/military–caregiver–leave–key–provisions–of–the–new–dol–regulations.html
2. CLASP. (2013). Business support for the Family and Medical Leave Act. In CLASP: Policy solutions that work for low–income people. Retrieved
June 1, 2013, from http://www.google.com/url?
sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=2&ved=0CDwQFjAB&url=http%3A%2F%2Fwww.clasp.org
FMLA–Unmet–Need–Paid–
Leave.pdf&ei=0NKrUdqsKK3H4AP644GIAw&usg=AFQjCNGq_kuTpytPLdocUa8w7hA0YWU6bw&sig2=sFTyIqn8pcjkXpgmjQn59g&
3. D'Andrea Tyson, L. (2013). The Family and Medical Leave Act, 20 years later. In Economix. Retrieved June 2, 2013, from
http://economix.blogs.nytimes.com/2013/02/08/the–family–and–medical–leave–act–20–years–later/
4. Federal Register. (2011). Absence and leave; qualifying exigency
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Essay about The Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth,
adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee's own serious illness (Cañas & Sondak, 2011). It also
requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least
a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
According to the U. S. Department of Labor, FMLA is designed to help employees balance their work and family responsibilities and it seeks to
promote equal employment opportunity for ... Show more content on Helpwriting.net ...
If the request for use of family and medical leave is for a family member of the employee, in addition to the items listed above, it must also include: a
statement from the person's health care provider the type of assistance required from the employee; and a statement from the employee on the care he or
she will provide and an estimation of the amount of time needed to care for his or her spouse, son, daughter, or parent.
To remain entitled to family and medical leave, the employee or the employee's spouse, son, daughter, or parent must comply with the organization's
request to submit to a medical examination to obtain a second medical certification from a health care provider other that the individual's own health
provider. The organization can also require subsequent medical recertification from the health provider if there is reason to suspect the original medical
certification has changed.
The employee is protected when he or she returns from family and medical leave.
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Family And Work Patterns Shift Over The United States
As family and work patterns shift over the years, the demand for time off for family and medical needs has subsequently increased as well. Given the
growing number of dual–earner families in the United States, employees often find themselves caught between the pressures of work and family
responsibilities, especially during the birth of a baby, or the illness of a family member. The balance between work and family has become an urgent
priority for millions of working–class employees because of the high labor force participation and the caregiving needs of the growing population; yet,
the U.S. is the only high–income country in the world that lacks paid leave policies. Though some private businesses and individual states have
implemented ... Show more content on Helpwriting.net ...
Paid family and medical leave is defined as period of time in which an employee can take time off to take care of personal needs and still receive partial
wages. Thus far, paid family and medical leave is provided independently in five states: California, New York, New Jersey, Hawaii, and Rhode Island.
It is funded differently in every state, but in most cases, money for paid leave comes from a small payroll tax or payroll deductions. In California and
Rhode Island, paid family and medical leave is completely employee paid, while in New Jersey, it is a shared responsibility between employers and
employees (Boushey). Currently, the only national legislation that addresses family and medical leave is the Family and Medical Leave Act (FMLA)
enacted in 1993. The FMLA provides only up to twelve weeks of job protection and unpaid leave with continuing benefits for both men and women
who have worked for his/her current employer for at least twelve months, logged at least 1,250 hours for his/her current employer in the previous year,
and has work at a worksite that is within seventy–five miles of at least fifty employees of the employer (Shuit). Although the FMLA has been utilized
by millions of Americans, its stringent eligibility requirements and the lack of education among the working population disable a large majority of
employees to take advantage of its benefits. On its own, the FMLA fails to provide the resources that working–class employees need
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Expanding the FMLA in CAlifornia Essay
Problem Identification
Every day in California, working men and women face conflicts between their work responsibilities and their families. In order to work they must make
arrangements for their children and elderly family members who need assistance. They address these conflicts through a variety of child–care, after–
school, and eldercare arrangements. But sometimes when a child is seriously ill, an aging parent's health deteriorates suddenly, or a baby is born or
adopted, these daily arrangements are no longer adequate. At such times of family need, an employee simply must take time off from work because no
alternative care arrangements will do. That is why in 1993, Congress passed the Family and Medical Leave Act (FMLA), which was ... Show more
content on Helpwriting.net ...
That is why expanding the law to cover businesses with 25–49 employees would give 13 million more Americans the right to take FMLA leave. The
National Partnership for Women & Families has analyzed the most recent available employment data to show what this expansion would mean for
California. If California were to somehow expand the FMLA coverage to businesses with 25–49 employees it would make the following differences.
Size of Employer (# of employees)
Private Sector 50+ 25 – 49 Total (25+)
# Employees covered 5,813,391 1,518,241 7,331,632
% Employees covered 55.5% 14.5% 70.0%
# Employers covered 37,145 50,109 87,254
% Employers covered 4.1% 5.5% 9.6%
If this proposition were to be made, California would rank 1st in the nation for the number of people newly covered by the FMLA, giving 1,518,241
more people in California the right to take FMLA leave. An additional 14.5% of California's private employees would be newly covered by the FMLA,
and 70% of all employees in California's private
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Human Resource ( Hr ) Departments
Human Resource (HR) departments were established to help companies enhance their employee's potential, which in turn enhances the performance of
the company. HR departments are expanding in companies regardless of their size. Due to state and federal law, human resource departments have to
adapt and grow. These HR laws are in place to help both the employee and the employer. This paper will discuss the Family and Medical Leave Act and
what it is able to provide for employees.
The Law Public Law 103–3; 29 U.S.C. sec. 2601; 29 CFR 825, better known as the Family and Medical Leave Act of 1993 (FMLA), was put into
effect on August 5, 1993. Interestingly, the FMLA was proposed to congress every year since 1984 but was blocked repeatedly. Finally, the FMLA
passed with bipartisan agreement through the U.S. House of Representatives and U.S. Senate on February 3 and 4, 1993 respectively. President Bill
Clinton signed the FMLA into law on February 5, 1993 in his first term as President of the United States. President Clinton wanted the FMLA to
balance the demands of the workplace with the needs of families. The FMLA requires employers to provide their employee's job protection and unpaid
leave to its employees for qualifying medical and family reasons. Congress passed the FMLA because they believed that mothers and fathers should
have the opportunity to start families early in their career without having to worry about losing their current jobs. Congress wanted to put
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Family Leave Act Vs Fmla
The Family Medical Leave Act or FMLA allows for employees to leave work for a certain amount of time temporarily when they are unable to work
for medical and family problems or another member in their family requires their attention and time for medical or family reasons. If an employee does
take this kind of leave they will not be paid while they are on leave due to not working during the time period. They will also not lose their job just
because of taking this type of leave either because it is qualified as a job protected type of leave and an employer is not allowed to fire an employee just
because of this type of leave or the employer can get in trouble. If this type of leave is taken it also will not affect an employees health insurance. Their
group health insurance or other ... Show more content on Helpwriting.net ...
This will ensure that the employee or family can get better and will in the end be able to return to work after the time of leave has expired.
The amount of time an employe will get will definitely depend on the situation as it may be different for different situations, but it also must meet the
requirements of the law. It is important that an employee and employer remember there is only a certain amount of temporary leave time allowed for an
employee to take for different types of situations like taking medical leave for having a baby will be usually be twelve weeks.
Which is very common because the time allowed for these situations is usually only about twelve weeks. Other reasons a twelve week leave is
approved or allowed is for a child birth or to help a family member that just had a baby as long as the baby is still a new born which is within the first
year of the babies life, the family or employee decides to adopt or foster a child and will need to take time within the first year of having the child
placed with them to help the individual, family, and/or child to adjust, or if
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Benefits And Benefits Of Benefits
Benefits Plan Benefits are a very important part of the compensation piece for Techtron. They can often make or break a recruit's decision to accept a
position with the company. Therefore it is important that we offer a competitive benefits package while keeping the bottom line in mind. Within the
realm of benefits there are two types: Legally required benefits and discretionary benefits. Defined, legally required benefits are "protection programs
that attempt to promote worker safety and health, maintain family income streams, and assist families in crisis". The Social Security Act of 1935,
workers' compensation laws which vary by state, and the Family Medical Leave Act of 1993 are all mandated under federal law. Discretionary benefits
are benefits that employers chose to offer. These benefits fall under protection programs, pay for time not worked, and services (Martocchio, 2015).
Legally Required Benefits: The Social Security Act of 1935 provides for unemployment insurance, Old–age, Survivor and Disability insurance or
OASDI for short, and means–tested welfare programs all of which were brought about by The Great Depression (Martin, P. & Weaver, D., 2005).
Social Security is financed through a specific payroll tax. Both employers and employees pay 6.2% of wages up to the taxable maximum of (2015)
$118,500. The breakdown in the OASDI is as follows: OASI = 5.3%, DI = .90%, Total = 6.2% (Retrieved from www.ssa.gov). Workers' compensation
laws vary by state. In Michigan,
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Complaint Of Compensation Of The Family And Medical Leave...
Complaint: Employee A has returned from 11 weeks of approved FMLA leave. Prior to his return, employee A spoke to the new manager of his
department and submitted a request to return to work from his FMLA leave and for payment of unpaid wages accrued during his leave. The employee's
manager has returned him to his previous work status and rate of pay, but has denied his request for monies "earned" during his leave. Employee A feels
he is owed wages for the time he was off from work.
Review of FMLA: A major provision of the Family and Medical Leave Act of 1993, is the right for eligible employees to take 12 work weeks of job–
protected, unpaid leave. In order to be considered an eligible employee, employees must be employed by a covered employer for a minimum of 12
months prior to submitting an application for medical leave under FMLA. The employee must also have worked a minimum of 1,250 hours during that
same 12 month period as noted in the Wage and Hours Division Employer's Guide to the Family and Medical Care Act.
Additionally, the US Department of Labor notes that an employer is considered covered when they have 50 or more employees whom work at sites
within 75 miles of each other for 20 or more weeks per year. According to The Wage and Hour's Division of the U.S. Department of Labor, we,
Company X, as a covered employer must do the following for an employee who qualifies for and uses FMLA leave: We must hold the employee's job
for them while out on leave,
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Essay on The Impact of Fmla on Human Resources
The Impact of FMLA
(Family and Medical Leave Act) on Human Resources
Ehren Hayes
Final Research Project
GB520 – 06
Dr. Pellettiere
Introduction
According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have
50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must
have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12–month period.
Congress passed this law in 1993 under President Bill Clinton, and it "is designed to help employees balance their work and family responsibilities by
... Show more content on Helpwriting.net ...
Human Resource Management professionals reported issues with "tracking/administering intermittent FMLA leave, determining the overall costs
incurred while complying with the requirements of the FMLA and determining whether an intermittent serious health condition should be protected by
the FMLA." (Frincke, pg. 7) There are no statutes or policies in the FMLA that states the employee must furnish a doctor's note, but many state
regulations do require it. If there are any questions in regards to the seriousness of the employee's condition, the employer can ask that documentation
be provided if this requirement is made known before hand. There are also situations where an employer may dispute a doctor's recommendation and
they may require the employee to get a second opinion. The doctor will then have to determine that the duties of the employer's job cannot be
performed or the requested leave is medically necessary. With the exception of maternity, birth or adoption of child, most employees, typically, can only
give up to a week or same days notice. Unfortunately, an episodic event or catastrophic health issue doesn't allow for much notice. Maternity notice
averaged about two months in advance. Several legal websites, including Findlaw.com and cpmy.com state that in order to avoid disruption in the work
place, the employee's responsibility is to give "reasonable" notice, which is typically 30 days. If the reason for leave is unexpected,
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Analysis of the Amended Family and Medical Leave Act Essay
On August 5, 1993 the amended Family and Medical Leave Act of 1993 (FMLA), was intended to help employees have a work life balance. This
accomplishment placed the United Stated ahead of major barriers for the fair labor laws. Before having the amended FMLA put into place, employees
were rarely granted job protection for caring for newborns, relatives and personal medical illness. With the new amended act, it allowed employees to
take a leave of absence from their job and allowed protection from being fired or having to take a reduced work scheduled by force from the company.
Initially, the bill had been introduced to Congress session for the past nine years and had been vetoed twice by President George H.W. Bush, although,
in the 1988 ... Show more content on Helpwriting.net ...
S. Department of Labor, 2009).
Business Affects FMLA affects employers in many ways, such as monitoring leaves of absence, coordinating benefits for employees, record keeping
and return–to–work conditions. FMLA affects employers in terms of ensuring compensation, and benefits specialists are well versed in the application
of FMLA regulations to individual employee circumstances. Employers are affected also by FMLA but not replacing the employee or giving the
employee an alternative position with the strong intentions of discouraging them from taking the leave. If the employer fails to comply, there are strict
consequences and possible lawsuits. Another discouragement that affected for the employers were that they had to continue providing group health
insurance to the employee while on leave. "The FMLA can have a negative impact on both small and large employers due to the law's regulatory and
administrative complexity" (Leonard, 2000). FMLA created a sense of burden for employers and their management team, as they were responsible in
finding suitable replacements to fill in for employees who are out on FMLA leave. This would have eventually slowed down the employer's
productivity causing profit losses, which employer's do not want to see happen.
Labor Unions Affects There had been a piece of legislation, the Pregnancy
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Major Provisions : Family And Medical Leave Act Of 1993
Anthony Tryon
000489537
Western Governors University
LIT1 Task 1
A1. Major Provisions – Family and medical Leave Act of 1993
The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job–protected
leave for family and or medical reasons. As stated on US Department of Labor's website (2015), a covered employer must have 50 or more employees
in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may
also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work
for a covered ... Show more content on Helpwriting.net ...
A3. Violation – Situation A
Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum
requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the
requirement of providing 30 days' notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the
employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was
appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave.
B1. Major Provisions – Age Discrimination in Employment Act of 1967
As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees
during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion,
assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising
or posting notice for available jobs. The ADEA explicitly protects "whistleblowers" against retaliation as a result of filing an age discrimination
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Benefits Of Guaranteed Paid On The United States
Mariah Inghram
ENGL 3060 J
Final Essay
Katherine Berta
December 8, 2016
Guaranteed Paid Maternal Leave in the United States
Today there are two countries in the world that do not currently guarantee paid maternity leave for employed new mothers and/or expecting mothers,
those countries are the United States and Papua New Guinea, according to the International Labour Organization, an United Nations agency (Rubin
2016). In recent years, the controversial issue of guaranteed maternal leave has been a prominent topic of debate amongst political activists and elites,
particularly in the United States, where reform is both an ethical protection for employees and a feasible option for employers, but has yet to be
achieved. It is this absence of policy that has been linked to significant health related issues of which does not only effect mothers, but their children as
well. In addition to these adverse health impacts, it generates economic hardships to mothers and families. Thus, the consequences to mothers, families,
and newborns that the absence of guaranteed paid maternal leave presents and the potential benefits of guaranteed paid leave for these individuals as
well as employers, creates a case for policy reform in this particular area that would implement such protection.
Today, the United States' policy for maternal leave remains the same as it was in 1993, when the Family Medical Leave Act (FMLA) was passed
(Rubin 2016). As a means to go beyond the FMLA, three states have
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Family Medical Leave Act
The Family Medical Leave Act The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50
or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have
worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not
have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA
leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor,
2017). To count the ... Show more content on Helpwriting.net ...
Employers must also provide a written general notice to employees, this can be done in the form of a poster. The poster must be posted where all
employees and applicants can see it. The poster can be ordered thru the Department of Labor at no charge to the employer. Failure to post the poster can
result in a civil penalty of one hundred and sixty–six dollars (United States Dept of Labor, 2017). The employer must also print a notice in the
employee handbook of FMLA procedures and rights of the employee. If no handbook exists the employer must give written notice to every new
employee upon hire (United States Dept of Labor, 2017).
There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of
a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the
employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents
them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the
fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to
covered active duty) in the Armed
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Essay about Family and Medical Leave Act (Fmla)
Family and Medical Leave Act (FMLA) What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed
in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care
for an infant, such as newborns, newly–placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an
employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the
protections provided by this law. (Vikesland, 2009)
Protections Provided by FMLA The FMLA is covered mainly through private–sector employers and public ... Show more content on Helpwriting.net ...
President Bush prior to the passing of FMLA in 1992 vetoed a similar bill which was to suppress the creation of new jobs resulting in the elimination of
jobs that already existed. With the election of President Clinton in 1992 assured the passing of FMLA which has been the focal point of Clinton's
campaign. (dol.gov., 2009) The FMLA was the first legislation that Clinton signed after taking office. After that, employers and employees who are
supporter of FMLA amended this to make sure it was incorporated in more workplaces and to help provide for paid leave instead of unpaid leave.
Employers or employees skeptical of the FMLA focused on current Department of Labor regulations for needless burdens upon employers. The Society
for Human Resource Management had arguments regarding the truth and legitimacy of requested leave. With those arguments, there were changes in
the policy and procedures of being an employee in a company revisiting regulations. There was also a concern that employment law had failed to
account for changes through employers and did not provide enough protection to family life. There were prominent congressional debates over the bill
due to the potential loss of an employee/ parent who may be forced to quit their job in order to care for one of the four situations that FMLA covers.
Investigators who took a survey of leave not only
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The Family Medical Leave Act ( Fmla )
The Family Medical Leave Act (FMLA) was passed with the idea of creating job protected leave when necessary, while also providing employees with
the opportunity to balance work, health, and family responsibilities. FMLA is designed to avoid job loss when employees request additional time off in
order to treat a critical medical condition or deal with serious family or personal matters. Due to the establishment of FMLA, workers can now maintain
employment as they treat qualifying medical conditions, care for a close relative, bond with newborn, etc. In other words, the concept of FMLA was for
employers to legally support their workers during life's challenging circumstances. Although many positive outcomes are a result of this law,
administering FMLA has turned into a challenging and complex task for employers. Passing this law triggered many unintended consequences that
have tremendously affected the way organizations manage their leave of absence policies. Employee abuse of this privilege is a major issue employers
are being faced with. The impact FMLA leave has on the entire company, including quality, performance, and productivity can be dramatic. These
unplanned concerns that now exist due to FMLA provide tremendous amounts of stress for the employers to properly manage the law; FMLA has
turned into a problem employers are defenseless against.
Employee Abuse of FMLA
The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers
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Color Of Justice Research Paper
Color of Justice
If I could make any law, what would it be and why?
When a law is passed, it can have a large effect on the citizens of that area. It has been said that the first year of a child's life is the basic foundation of
their entire life. In order to make that first year successful, money, time and of course love are critical. However because the current policies that exist
in America, mothers are denied an easy balance between work, money, and time for their children. The current policies regarding maternity leave are
extremely outdated and need to be reformed to accommodate mothers in this day and age. If I could create a law in America, it would be a law
upgrading the Family and Medical Leave Act, requiring all employers ... Show more content on Helpwriting.net ...
According to the National Partnership, 76% of respondents of a survey favored updating the Family Medical Leave Act. Also, 84% of people under 30
favored updating the act, and 72% of people over 65 favor the updating of the act. Some believe that paid leave will be extremely bad timing, will be
difficult to fund, and that the government should focus on the fiscal cliff instead. However, in the long run having paid maternity leave will result in
saving money.
There is a direct relationship between the amount of leave one is granted, and breastfeeding rates. In a 2010 study it said the US could prevent 900
deaths of infants and save 13 billion dollars per year if 90% of women breastfeed exclusively for the first six months of their child's life. As of 2010,
only 43% of babies in America are breastfed for six months. Women are not able to breastfeed exclusively due to the high demands of work. Some
believe that updating the Family Medical Leave Act will create debt but the findings of this study say it can actually help the economy and save lives.
According to the National Bureau of Economic Research, mothers who return to work soon after the birth of a child are more likely to become
depressed and are less healthy than mothers who do not, and one third of mothers end up in debt after childbirth due to having unpaid maternity leave.
When a woman has access to paid leave after birth they are more
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How Congress Constructs Its Acts
In order to advance the acumen of how Congress constructs its acts from inception to enactment, there are various methodologies one can use. With that
in mind, this exploration aligns to the Analytical Framework methodology as described in our class textbook, The Struggle for Democracy by authors
Edward Greenberg and Benjamin Page. Thus, the congressional act I've chosen to examine is the Family and Medical Leave Act of 1993 as it's of
immense importance to all Americans. Specifically, this act addresses the fundamental need of our nation's workforce as it relates to work/life balance;
therefore, by providing the context of the reasons why such a law emerged, identifying the collaborating actors in the creation and implementation of
the law, articulating the process of enactments, as well as outlining out its path to enactment using the Analytical Framework, this exploration will
increase its reader's competency of knowledge about what transpired in passing the Family and Medical Leave Act of 1993. Likewise, the organization
of this examination comprises of four main sections correlating with the horizontal segments (levels) of the Analytical Framework. To begin, the first
section interprets the foundation of the FMLA by providing the historical background, the economic and social environment of the American workforce
prior to the FMLA, along with previous legislation attempts and information on various legislative acts which are in similar alignment with the FMLA:
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Family And Medical Leave Act (FMLA)
In 1993, Congress passed the Family and Medical Leave Act (FMLA) to provide a national policy that supports families in their efforts to strike an
effective balance between work and home ("Wage and Hour Division (WHD)", n.d.). Congress understood that there may come a time when an
employee's family member has a serious medical problem or a care giving need which requires that employee to take time off from work. A care giving
need can also be the birth, adoption, or foster placement of a child.
Cherner (2008) asserts that the FMLA grants up to 12 weeks of leave during a 12–month period for a number of qualifying reasons mentioned
previously as well as for an employee's own serious health condition and certain "qualifying exigencies" related ... Show more content on
Helpwriting.net ...
Verizon Virginia Inc., 2011, plaintiff was fired in retaliation for his exercise of FMLA rights over a two day period when the employer had videotape
evidence of the plaintiff driving, spending 30 minutes at the gym, renting videos and shopping. The employer concluded this activity was inconsistent
with his claim that he had migraines on those days. Nevertheless, the plaintiff asserted that the employer's reason for termination was a pretext for
FMLA retaliation because it took the "extraordinary step" of placing him under surveillance, however the court ruled that the surveillance did not show
that the employer's reasons for terminating plaintiff were pretextual since the employer had hired private investigators at least five times in the past and
the plaintiff did not prove that similarly situated employees were treated differently (Smith,
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Federally Mandated Employee Benefits Essay
Offering employee benefits is one way a company must competes in today's marketplace to retain old employees and attracts new ones. These benefit
packages may range from offering basic health insurance to additional discretionary and perk benefits such as vacation and retirement packages.
Benefit packages are often a large portion of employee costs and Federal mandates require an employer to carry and offer certain benefits even if they
offer nothing else. Federally required employee benefits make up approximately a quarter of the costs associated with employer offered benefit
packages. Some of these mandated benefits include Social Security, Worker's Compensation Insurance, and the Family Medical Leave Act. Social
Security along with ... Show more content on Helpwriting.net ...
Another benefit assurance an employee has is Workers' Compensation Insurance. The second employment benefit required by Federal law is workers'
compensation insurance, otherwise known as workers' comp. It is a Federal tax and in most States, employers and employees must contribute to State
workers' compensation programs as well, which provides financial support to people who are unable to work because of a workplace injury or illness.
"Workers' compensation insurance provides medical care and treatment, rehabilitation and replacement income for employees due to job related injuries
and illnesses workers compensation programs provide benefits to those workers disabled by occupational illness or injury" (Primepay.com, n.d.).
Workers compensation insurance is the protection of employees from loss of income due to job loss. In addition, it is to cover extra expenses associated
with job–related injuries or illness. Injuries and illnesses more frequently covered by workers compensation insurance are situations where a disability
is temporary or permanent, this in includes partial and complete disabilities. It also covers impairments obtained at employer–sanctioned events, such
as social events and it covers an employee while traveling for business purposes.
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Paternity Leave Benefits
Paternity Leave
As of 2015 less than 20% of employers offer paid paternity leave. This low number is staggering when you look at all the benefits that come from a
new father being at home with his newborn. The benefits to employers alone should send that number skyrocketing. Paid paternity leave promotes
better child cognitive development, allows for faster recovery for the mother, and makes for better employees. Paid paternity leave should be a benefit
provided by every company in the United States for all full–time employees and would prove to be a profit for the company. "Fathers attach to their
babies in the way similar to mothers and at the same time, making it important for new dads to spend time as much as possible with their newborns" ...
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This allows employees to take up to 12 weeks of un–paid leave. It helps balance work and family life without the fear of losing their jobs and benefits.
The leave is easy to get if you are a full–time employee of a company that has more than 50 employees, has 20 or more work weeks, and you live
within 75 miles of your job. It is illegal for an employer to discriminate against an employee that has taken leave, but Federal law requires at least 30
days' notice to the employer. If your work doesn't offer paid paternity leave this is one option you have. Another is to use up any vacation and/or PTO.
When you put everything together you can see that the long–term financial benefits of paid paternity leave greatly outweigh the short–term economic
costs for any employer. Letting the father create such a close bond with the child produces such enormous benefits it is inconceivable that more
employers aren't getting on board with it. I hope that in the future more employers will see the financial, emotional, and mental benefits and incorporate
paid leave for new
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Employment and Medical Leave Act Essay
Family and Medical Leave Act The Family and Medical Leave Act of 1993 (FMLA) was established to help protect employees who missed work for
medical reasons. "The Family and Medical Leave Act (FMLA) provides employees job protection in case of family or medical emergency. FMLA
permits eligible employees to take up to 12 workweeks of unpaid leave during any 12–month period." (Martocchio, 2003) The Wage and Hour Division
(WHD) is responsible for administrating and enforcing most of the labor laws, including FMLA. There are four reasons that an employee can claim
FMLA. They are 1) for the birth and care for a newborn child; 2) for placement with the employee of a son or daughter for adoption or foster care; 3) to
care for an immediate family ... Show more content on Helpwriting.net ...
"In reality, the impact of FMLA abuse extends well beyond the workplace because FMLA costs are passed on to consumers." (Profesional Exchange
Service Corporation, 2005) Even though the time off is unpaid to the employee, it is very disruptive to certain types of business such as call centers
who need to schedule employees to cover busy call times with in their business. By having employees abusing this policy, it becomes harder and harder
to staff some businesses. It is not only the employer that suffers; it is also the employees that are left to work when there peers off of work. Some of the
other issues with the administration of the law are the vague diagnoses doctors give for the reasons employees should be off of work. In some cases,
employees file under the FMLA law when in fact they may have a type of disability the employer could accommodate under the ADA law. Even though
the intent of this act was to help protect employees, many believe that FMLA may be doing more harm to business that it was intended. It may be time
to review and revamp this law, and have some of the items intergraded into the ADA in order for it to be better managed. Many believe that there are
ways to improve this law to help protect employees as well as have the law not have a severe impact on businesses. References Cohen, D. G., &
McLeod, T. (2003, August 2003). Changes in FMLA are needed. Michigan Banker, 15(8),
... Get more on HelpWriting.net ...

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Family Medical Leave Act Case Study

  • 1. Family Medical Leave Act Case Study Situation A: Family Medical Leave Act of 1993 The Family Medical Leave Act of 1993 allows protected unpaid leave for specific medical or family reasons while the employee is allowed to keep their health coverage active (United States Department of Labor, n.d.). This law applies to employees that have worked at a company with 50 or more employees for more that 12 months and have worked at least 1,250 hours during the previous year. It allows employees to take up to 12 weeks of unpaid leave for events such as, but not limited to: serious personal illness, to care for a spouse, the birth of a child, adoption, etc. This law does not apply to employees of companies that employ less than 50 employees within 75 miles of the worksite. Employee ... Show more content on Helpwriting.net ... Furthermore, Employee B's performance review rated their work as "above average" in comparison to their younger co–worker's performance rating of "adequate" which reinforces the concern of age discrimination. Situation C: Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 makes it unlawful to discriminate against a qualified disabled individual (The U.S. Equal Employment Opportunity Commission, 2005). Employers are required by law to provide reasonable accommodations to qualified employees or applicants with disabilities unless the employer can prove that the accommodation would be an undue hardship that requires significant difficulty or costs. Job discrimination against people with disabilities is illegal is practiced by employment agencies, labor organizations, private employers, etc. Applicant C is paralyzed in both legs and must use a wheelchair with no other disabilities noted. Americans with Disabilities Act of 1990 applies to both qualified applicants and employees with ... Get more on HelpWriting.net ...
  • 2. How To Write A Persuasive Essay On Maternity Leave Maternity Leave In the United States there has been an ongoing battle between women and their employers on the subject of maternity leave. A woman is creating new life inside of her and once the child is born the first months of its life are crucial to development. This is why it is important that a mother is allowed to stay home with her child without the fear of being left without a job. America should have better parental leave policies so that women are able to tend to the growth and development of their child and not be discouraged to leave their jobs, and companies can maintain their employees happier for a better work environment. It is often unknown how behind America is falling in terms of paid family and medical leave. ... Show more content on Helpwriting.net ... Many mothers know the struggle of tending to their child while also wondering about income for their family's. America is one of the most advanced countries in the world that is why many people do not understand why it is lagging behind in terms of parental care. The United State's parental leave policy dates back to when men were the only income providers who could easily support a family while women stayed home to care for their children. If the U.S wants to continue to be a progressive country, something needs to be done about parental leave for workers. It is for the United States to catch up to the rest of the ... Get more on HelpWriting.net ...
  • 3. FLMAAct Case Study Steven does not qualified to receive this leave under the FLMA act for several reasons. This include, The Company only employed 30 employees and he have only been working with the company for seven months. The company does not have enough employee and Steven has not work the full 12 months to be eligible under the FLMA act. Julie is eligible for the leave because the company she is currently employ for has seventy five employees which it is required to follow the las. Julie has worked for the company for four years beyond the required time of twelve months outlined in the act. Because Julie is requesting time off to adopt a child, which is one of the allowances outlined under the law, she is eligible for the leave under the FLMA The Family ... Get more on HelpWriting.net ...
  • 4. Business Law : Labor And Employment Law Business Law: Labor and Employment Law Each and every day business throughout the United States are met with challenging situations that are centered around labor and employment law. As the director of human resources for Company X, I have been tasked with analyzing three situations that may or may not violate any federal acts. The federal acts that will be considered are the Family Medical Leave Act of 1993 (FMLA), the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). Each given situation will be reviewed and analyzed to determine if any violations of these acts have occurred. Family Medical Leave Act of 1993 In situation A, a two–year veteran of Company X utilized FMLA for 11 weeks of unpaid leave following the premature birth of twins. Upon his return back to work he has requested his withheld salary during the 1l–week period he used FMLA leave. After reviewing the Family Medical Leave Act of 1993 there are three provisions that could determine whether or not any violations may have occurred. These provisions are that the employee must have been employed by Company X for a minimum of 12 months, he must have worked at least 1,250 hours in his previous 12 months of employment with Company X, and FMLA leave is unpaid unless the employee chooses to use accrued vacation and/or sick leave during the timeframe that FMLA was used. After reviewing situation A, it has been determined that the Family Medical Leave Act ... Get more on HelpWriting.net ...
  • 5. Family And Medical Leave Act: A Case Study The Family and Medical Leave Act (FMLA) implemented in August 1993 grants job–protected leave to any employee satisfying the eligibility criteria (Cannonier, 2014). The FMLA defines a "serious health condition" as an illness, injury, impairment, or physical or mental condition that involves–(A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider (Lavin & DiMichele, 2014). The FMLA provided benefits only to eligible employees. Under the FMLA, an eligible employee is one who satisfied the following criteria: (1) has been employed by a covered employer (2) has worked for the employer for at least 12 months; (3) has worked at least 1,250 hours over the previous 12 months; ... Show more content on Helpwriting.net ... In the case of Crouch v. Whirlpool Corp., Crouch began working as an hourly employee for Whirlpool on or about May 8, 2000. As a Whirlpool employee, Crouch was obligated to comply with the Shop Rules, including Shop Rule #1, which provides that the fabrication of personnel or any other Company records is a desecration of the Shop Rules. Crouch assumed that violation of Shop Rule #1 was just cause for termination. To be eligible for disability leave, an employee's doctor must confirm that the employee is totally disabled and unable to work. Whirlpool employees are eligible for paid disability leave after ninety days of employment. In 2002, Crouch was approved to take four to five days per month of intermittent FMLA leave due to chronic pain in his right ... Get more on HelpWriting.net ...
  • 6. What Is Certification Of Health Care Provider? All resources = 0% Certification of Health Care Provider: Everything You Need to Know The purpose of certification of health care provider is to certify those employees on medical leave who otherwise do not qualify for, or have exhausted all time off under the Family and Medical Leave Act (FMLA). The certification will include information needed in order to determine how long and what type of leave the employee is seeking. FMLA is a federal law that promises certain qualified employees up to 12 workweeks of unpaid leave on an annual basis without fear of losing the job. FMLA also compels employers maintain health insurance for eligible employees while out on leave. FMLA was enacted in 1933 as a way to offer qualified employees up to 12 ... Show more content on Helpwriting.net ... The employee gives birth. The employee fosters or adopts a child. A qualifying exigency arises due to the employee's spouse, child, or parent being on active duty or being called to active duty for the National Guard or Reserve. Certification Form: Broken Down Section 1. The first section is to be filled out by the employer. Section 2. The second section is to be filled out by the employee. Section 3. The third section is to be filled out by the health care provider. Employees can take up to 26 weeks of unpaid FMLA leave in a given 12–month period to care for family members who suffer a serious injury or illness while on active military duty. The definition of "serious" injury can be hard to prove as the law states that the condition must involve more than 3 full, consecutive calendar days of incapacity as well as two visits to a healthcare professional that must have occurred within a 30 day timeframe. Such proof must be established in the certification. Other Considerations Employees are not required to visit with a doctor that the employer chooses; the employee can choose whichever doctor he or she sees fit. The employer is required to obtain a medical certification for every FMLA leave request that is due to a serious health condition. The employer must deny the leave request if the employee fails to submit the certification on time. The employer must ensure that the certification is properly filled out The employer must ask ... Get more on HelpWriting.net ...
  • 7. Essay about The Family and Medical Leave Act of 1993 (FMLA) The balancing act of family and work can be very difficult at times. At some point in everyone's life, he or she will need to take time off of work to deal with family matters. The Family and Medical Leave Act (FMLA) of 1993 was created to help employees find a balance between the challenging demands of work and home. This Act allows eligible workers that require time off for personal reasons or family emergencies up to twelve weeks of unpaid leave. During the 1992 presidential campaign, Governor Bill Clinton promoted implementing an act that would grant families a temporary medical leave under certain circumstances. He pushed for a change in the labor law that would protect workers that were caring for their families. Once ... Show more content on Helpwriting.net ... Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis). If foreseeable, employees are expected to give notice of their leave thirty days in advance. However, sometimes this is not possible because emergencies occur. In such case, the employee should provide notice as soon as they can. If asked to do so, employees ... Get more on HelpWriting.net ...
  • 8. The United Nations Recognizes 196 Countries Today in 2016, the United Nations recognizes 196 countries in the world. 189 of them share one similar policy in one way or another. This policy is the option of paid family leave for parents of new children. Finland is the leader in this policy, offering up to three years of optional paid medical leave, public day care for children up until age seven, and a family allowance for all parents to support childcare expenses. The rest of Scandinavia follows closely behind, with generous family allowances, and options for both mothers and fathers to take time off to care for their newborn, often up to 70 weeks of paid leave in total. Other nations may not offer as much leave, but still take into consideration the necessity of women caring ... Show more content on Helpwriting.net ... This all seems very rudimentary, and very self explanatory. However if this were the case, there would not be legislation missing from seven countries simply acknowledging the most basic structure of human biology. These seven countries are Suriname, The Marshall Islands, Micronesia, Papua New Guinea, Tonga, Palau, and The United States of America. Clearly, there is one stand out in this grouping. Not only is the United States only one of two non south pacific island in this club, it is the only developed country. The United States sticks out like a sore thumb here, and as a leader in bodies such as the United Nations, the OECD, and the world in general, this is a significant gap. The United States failure to pass legislation mandating maternity represents their failure to acknowledge American women as a significant part of the workforce. The United States will not join the rest of the world until they recognize this and pass legislation, they will stay behind the rest of the world. Although the United States does not offer any paid time to parents of newborns, there are policies providing parents unpaid time off. In 1993, congress passed the Family and Medical Leave Act, or FMLA. FMLA offered 12 weeks unpaid leave to those with qualified medical and family reasons. Additionally, those who take this leave are given job security, and cannot be fired based on ... Get more on HelpWriting.net ...
  • 9. Maternity Leave Research Paper Introduction Historically the role of the women was aligned with motherhood and supporting the household.Drastically changed in the 21st century, women are now the sole providers of their households all while holding top positions and providing support and love to the individuals in their lives' . Welcoming the progressive era, a time of robust improvements for many areas in society, public health was one. With the increasing advancement of medical technologies many diseases that most thought to be incurable had treatments and things that could help an individual live a number of years more than if there was no treatment at all. This era also welcomed the Sheppard–Towner Maternity and Infancy Protection Act allowing for monetary funds to be issued that encouraged the health and education surrounding mothers and children. Not included act was maternity leave rights. Maternity leave did not make it into official documents until after the Civil Rights act, and the denial of its regulations within the house and senate. Boushey (2008) divided maternity leave into two categories. She stated, "maternity leave can be broken down into two kinds of ... Show more content on Helpwriting.net ... One was the tendency for imprecision for birth measurement monthly. The second one was maternity leave not having a direct measure which could have lead to the results having a convergence of leave with employment. The ability for Monte to sufficiently collect measurements that were from the crude market during that time,which were remarkably hard to get because of the intricate low–wage job market. Beyond the limitations the research showed that although it was hard for women in general to retain employment, women who had just had a child found it much harder to get a job. Since their postpartum period had to be extended this caused them to miss time that could have been spent on the job. Another thing not considered was the new mother family ... Get more on HelpWriting.net ...
  • 10. Essay about The Ethical Issues Of Family Medical Leave Act The Family Medical Leave Act (FMLA) was eight long years in the making. After many bitter debates between the Republicans and Democrats, Congress passed the Act on February 4, 1993. President Clinton signed the measure into law the following day. The Act became effective on August 5, 1993. The Act required employers with fifty or more employees within a seventy–five mile radius to offer eligible employees up to twelve weeks of unpaid leave during a twelve month period for a variety of medical reasons. Some of the general medical reasons are, for the birth or adoption, to care for a seriously ill parent, spouse or child or to undergo medical treatment for their own illness. The Act spelled out provisions on employer coverage; employee ... Show more content on Helpwriting.net ... To reduce problems, employers should give injured workers notice of their rights under the FMLA if the injury appears to qualify under both statutes. The protected leave provided by the FMLA may run concurrently while an injured worker receives worker's compensation benefits, but only if the employer gives proper notification to an employee before the individual returns to work. Otherwise, the employee retains all FMLA rights for any future problems or a recurrence of the original injury. This can be a problem when the employee takes FMLA leave "intermittently," to receive rehabilitative services or other treatments. It is essential that front line supervisors be made aware of the basic provisions of these laws to head off misunderstandings. Supervisor training is especially important since and employee is not required to make a specific request for FMLA leave in order to be protected. A uniform policy and supervisory training should help prepare an employer to handle these complex issues. The employer's ethical responsibility is to post notices of employee rights and responsibilities under the FMLA. Also include an FMLA policy in existing employee handbooks or otherwise distribute such a policy, and must notify employees of their rights and responsibilities under the Act when a request for FMLA leave has been made. Those in favor of a national standard for family leave have argued ... Get more on HelpWriting.net ...
  • 11. Desire Effective Date Essay This message is to provide clarification on the meaning and intent of the "Desired Effective Date" on Personnel Action Forms. Please be aware and mindful that this the date you are requesting the action to become effective and that it may not be the actual date the action becomes effective. The validity of this date is wholly dependent on when the request is actually approved by the final approving authority. With limited exceptions, the earliest date any action can be effective is the date on which it is finally approved. While some actions such as merit or market increases, adjustments for interim appointment, or extra compensation may in some instances become effective retroactively, initial appointments to any class of appointments ... Show more content on Helpwriting.net ... This creates two significant problems for the University: 1. They are working as undocumented workers which is a direct violation of federal law. 2. Absent a background check the University assumes liability for possible negligent hiring. The hiring supervisor exceeds their constitutional authority and assumes personal liability for the actions or injuries of the individual they permitted to work and waives the right to be defended by the University's attorney for any occurrences stemming from their decision to permit someone to work. In other words you're on your own if things don't go well. The hiring supervisor becomes guilty of insubordination and will be subject to disciplinary action which could include termination. Please know that we share in your frustration with the amount of time it takes to process hiring requests through our existing systems. Whereas our greatest frustration may be having someone in place to do the work, the individual hired improperly , in every instance, suffers by not being paid timely or missing out on an opportunity to obtain insurance for their family. Just remember that a properly hired employee is also a properly paid ... Get more on HelpWriting.net ...
  • 12. Persuasive Essay On Paid Family Leave We all care about a family, we would all drop everything if they were to extremely sick out of nowhere. The only thing that is stopping us from doing this is our work. As medicine keeps on advancing, people will start to live longer than in the past. That would mean that we would have to be very careful with our parents, but how are we going to take care of them if something were to happen to them and not just the elderly but everyone that we care about. Our children, our sisters and brothers, our uncle and aunts and cousins, who knows what could happen to all our loved ones. If we were to get some sort of program or law that would let us be able to take care of our families, then we should make sure that we have job protection and some sort of income that would help us out during the tough times. We should also make sure that every person that is working has the same benefits as every other worker in the U.S. In Lisa Belkin's article "Paid Family Leave", she states that we, as a country, should have paid family leave like many other countries around the world. It should not just have to deal with maternity or paternity leave but it should also deal with our sick relatives. The benefits that would come with this are good but the problem that most people have with this program is where the money would come from and if this program were to affect everybody or just a select handful. The benefits that come with paid family leave are good, but what comes because of those benefits outweigh them. A lot of people have said that paid family leave in some way hurts a business but studies have shown that because of paid family leave, workers have been more productive and want to come back and work. Studies have shown that having some sort of program where you can have some sort of leave has increased business productivity and it has made the employees loyal to the company. It boosts the employee's morale, making them want to work (Chen). If you think about it, it would make sense that people are wanting to go to work. If the company would allow this to happen, then they would not have to care about losing their job because of a sick family member and they could continue their work. If a family member ... Get more on HelpWriting.net ...
  • 13. Health Benefits Of Maternity Leave HEALTH BENEFITS OF MATERNITY LEAVE There is a correlation between postpartum and physiological and psychological health issues (Chatterji, 2004). Studies also found that inadequate time away from work after giving birth spurs postpartum therefore, paid maternity leave needs to be addressed to alleviate these results since recent mothers with limited financial resources tend to return to work sooner than they should. Also, it is difficult for working mothers to juggle a demanding work environment while caring for an infant at home. The stress of trying to balance the two has shown to weaken the immune system which causes other health problems down the road. According to Chatterji, returning to work too early also comes with consequences including numerous psychological conditions but most particularly depression. Chatterji also states that these negative symptoms can be reduced incrementally by increasing the time of maternity leave. Studies have also found that maternity leave contributes to better development and the health of children. It has been concluded that infant mortality rates can be reduced by 0.5 deaths per 1,000 live births with an additional week of maternity leave (Hofferth, 2006). That fact alone should be reason enough to increase the length of maternity leave. Research has also demonstrated that breast milk contributes to a stronger immune system and disease prevention. However, breastfeeding tends to decrease when mothers return to work due to ... Get more on HelpWriting.net ...
  • 14. Family And Medical Leave Act Case Study Situation A: With regards to the Family and Medical Leave Act of 1993 (FMLA), Company X is in full compliance. The FMLA clearly states that if an employee of a company that has been with a company for more than 12 months, they are entitled to 12 weeks of unpaid, job protected leave every 12 months for qualifying events. Qualifying events would be considered as, but not limited to, child birth, serious medical injury or the placement of a child into adoption or foster care. There is a secondary provision in place that would allow you to take 26 weeks of unpaid, job protected leave for the care of a covered service member for serious injury or illness. In all instances of the FMLA, your job is protected, there are no federal guidelines to dictate your employer is responsible for covering lost wages during this period of leave. Your employer is only responsible for retuning you to your previous or similar position at the same rate of pay that you were receiving when you started your leave. Situation B: The Age Discrimination in Employment Act of 1967 (ADEA) was enacted by congress because of its concern that older workers were disadvantaged in retaining and regaining employment. ... Show more content on Helpwriting.net ... The ADA states that an applicant with a disability is someone who, with or without reasonable accommodation, can perform the essential duties of the position in question. Reasonable accommodation is described as, but not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities. The ADA further calls for the modification of equipment or devices needed to complete the essential duties of the position. Employee C's request to have the floor selection buttons in the elevator lowered to an adequate height for a wheelchair bound person, is in fact a reasonable request and would fall well into the realm of reasonable ... Get more on HelpWriting.net ...
  • 15. Guaranteed Paid On The United States Essay Mariah Inghram ENGL 3060 J Rough Draft Katherine Berta November 22, 2016 Guaranteed Paid Maternal Leave in the United States Today there are two countries in the world that do not currently guarantee paid maternity leave for employed new mothers and/or expecting mothers, those countries are the United States and Papua New Guinea, according to the International Labour Organization, an United Nations agency, which recommends a minimum 18 week maternity leave (Rubin 2016, p.1). In recent years, the controversial issue of guaranteed maternal leave has been a prominent topic of debate amongst political activists and elites, particularly in the United States, where reform is a feasible option but has yet to be achieved. It is this absence of policy that serves to provide guaranteed maternal for all working mothers that has been linked to significant health related issues; these adverse effects not only impacts those mothers, but their children as well. Although paid maternal leave remains a controversial matter, policy reform that implements such leave is not only a feasible option in the United States, both economically and politically, it is an ethical necessity in order to facilitate the well–being of American women. Thus, in order to work toward ethical political/governmental policy that supports the well– being of women in the United States' workforce, it is crucial that guaranteed paid maternal policy is implemented. Today, the United States' policy for maternal leave ... Get more on HelpWriting.net ...
  • 16. The Family and Medical Leave Act of 1993 (FMLA) Situation A. The Family Medical Leave Act, deals with the laws regarding "eligible" employees taking off up to twelve weeks of unpaid leave for their child's birth, adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of 1,250 hours in that year. "The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave" (Vikesland, 2006). The Family Medical Leave Act is not just to protect employees and look after their interests, but it is ... Show more content on Helpwriting.net ... The "eligible" employees are allowed to have up to twelve weeks of leave, but it is unpaid. However, if the employee has sick time, or vacation leave they have not used then that pay could be applied to their FMLA time off. So, if employee A has stored paid sick, or vacation time, then the manager is required to pay him for the time that he has been gone. If employee A did not have any paid leave to take, then it is considered normal FMLA leave an the manager is not required to pay the employee for any time while gone. So, looking at the situation there has not been a violation of the FMLA. Situation B. The Age Discrimination in Employment Act governs discrimination in the work place for people age forty and older. "Under the ADEA, it is unlawful to discriminate against a person 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" (EEOC, 2008). Because of companies wanting employees that were going to have longevity from their starting point, or wanting to move the younger people up the corporate ladder, something had to be done to protect the rights of the older generation. The ADEA protects those rights; it forces employers to give benefits to employees over forty, it doesn't allow companies to advertise for jobs specifying an age, or age limit, and it does not allow a company to ... Get more on HelpWriting.net ...
  • 17. A Brief Note On Labor And Employment Law October 19, 2015 Robert W. Morley III Western Governors University Rmorle2@ wgu.edu Student ID 000460094 LIT1 – Task 1 – Labor and Employment Law Situation A Employee A has been employed with Company X for two years. Employee A's spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11–week leave. The previous department manager left the company during Employee A's leave. The new manger has agreed to Employee A's return to the previous job, at the previous rate of pay. But, the manager has denied the request for the 11 weeks of withheld salary. 1. Relevant Facts of Situation A. Employee A has been employed with Company X for two years. Employee A has requested FMLA as he and his spouse have given birth to premature twins. While Employee A was on FMLA, a change in department managers occurred. This change has no bearing on Employee A's FMLA or his return. Employee A has requested to return to work after using 11 weeks of the allowable 12 weeks of FMLA. Employee A is requesting that he be paid for the 11 weeks he was on FMLA. The department manager has denied Employee A's request to be paid for the 11 weeks of his FMLA leave period. Employee A is now appealing this decision. 2. How does the Act Apply to This Situation? The FMLAAct requires that an employee ... Get more on HelpWriting.net ...
  • 18. Benefits Of Child Care Benefits of Child Care Care centers provide child care on a regular basis inside or outside of the child's home. These programs help teach children the information they need to be successful later in their lives. Daycares also aid parents in taking care of children when they begin working again after a baby's birth and throughout most of the child's young life. Early child care centers have been around for many years; therefore, there are a variety of centers for the parent to choose from. The history of daycare services in the United States has proven to be beneficial for children and effective in helping working mothers be able to earn a living and effectively raise their children. Child care centers have been around since 1898. These centers ... Show more content on Helpwriting.net ... "Children's sense of competence and self–worth grow as they learn to take care of themselves and help others" (10 good reasons your child should attend preschool). Potty training is a problem when a parent tries to enroll their kids in school, the children must be able to use the restroom with minimal help. The kids also must be able to feed themselves using silverware and keeping somewhat clean. Being able to feed themselves and use the restroom on their own is not only something they will need to know to go to school but to live. Preschool centers are made to teach kids not only necessities for school, but also for everyday life. Teachers boost children's desire to do "real work" by having the help in the classroom, the students help set the table for snack, or feed the class pet. The kids are also taught to wash their hands before they eat, keep their belongings in their own cubby, and put away the toys they were playing with before moving on to do something else (10 good reasons your child should attend preschool). Early child care programs teach their students how to do these everyday activities so that the parent does not have to worry about not having time to prepare their kid for school and everyday life. Daycares are crucial to the early development of a child with a busy set of ... Get more on HelpWriting.net ...
  • 19. Informative Outline Essay Title of Presentation: The role of the Family and Medical Leave Act in the workplace. Name of Presenter: Maria Vargas Description of Business Audience: Informative presentation to managers to fully understand the new standard regulations of the Family and Medical Leave Act in a company. Introduction: The year 2013 celebrates the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA) by President Clinton. Since then, many families has had the advantage of this law. In 2013, President Obama signed new regulations to the FMLA that covers service members and veterans. Thesis Statement A better comprehension of the Family and Medical Leave Act for managerial employees. What is the Family and Medical Leave ... Show more content on Helpwriting.net ... The comprehension and continued knowledge is vital for both the employer and employee, to fully gain the benefits of the program. Visual Explanation * 1. Chart representing employee awareness of FMLA. (Simonetta, 2012) 2. Chart representing the knowledge of employee of the FMLA. (Simonetta, 2012) References 1. Bosland,Esq.,C. (2009) Military Caregiver Leave: Key provisions of the new DOL regulations. In The FMLA Blog. Retrived June 1, 2013, from http://federalfmla.typepad.com/fmla_blog/2009/01/military–caregiver–leave–key–provisions–of–the–new–dol–regulations.html 2. CLASP. (2013). Business support for the Family and Medical Leave Act. In CLASP: Policy solutions that work for low–income people. Retrieved June 1, 2013, from http://www.google.com/url? sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=2&ved=0CDwQFjAB&url=http%3A%2F%2Fwww.clasp.org FMLA–Unmet–Need–Paid– Leave.pdf&ei=0NKrUdqsKK3H4AP644GIAw&usg=AFQjCNGq_kuTpytPLdocUa8w7hA0YWU6bw&sig2=sFTyIqn8pcjkXpgmjQn59g& 3. D'Andrea Tyson, L. (2013). The Family and Medical Leave Act, 20 years later. In Economix. Retrieved June 2, 2013, from http://economix.blogs.nytimes.com/2013/02/08/the–family–and–medical–leave–act–20–years–later/ 4. Federal Register. (2011). Absence and leave; qualifying exigency ... Get more on HelpWriting.net ...
  • 20. Essay about The Family and Medical Leave Act of 1993 (FMLA) The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee's own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70). According to the U. S. Department of Labor, FMLA is designed to help employees balance their work and family responsibilities and it seeks to promote equal employment opportunity for ... Show more content on Helpwriting.net ... If the request for use of family and medical leave is for a family member of the employee, in addition to the items listed above, it must also include: a statement from the person's health care provider the type of assistance required from the employee; and a statement from the employee on the care he or she will provide and an estimation of the amount of time needed to care for his or her spouse, son, daughter, or parent. To remain entitled to family and medical leave, the employee or the employee's spouse, son, daughter, or parent must comply with the organization's request to submit to a medical examination to obtain a second medical certification from a health care provider other that the individual's own health provider. The organization can also require subsequent medical recertification from the health provider if there is reason to suspect the original medical certification has changed. The employee is protected when he or she returns from family and medical leave. ... Get more on HelpWriting.net ...
  • 21. Family And Work Patterns Shift Over The United States As family and work patterns shift over the years, the demand for time off for family and medical needs has subsequently increased as well. Given the growing number of dual–earner families in the United States, employees often find themselves caught between the pressures of work and family responsibilities, especially during the birth of a baby, or the illness of a family member. The balance between work and family has become an urgent priority for millions of working–class employees because of the high labor force participation and the caregiving needs of the growing population; yet, the U.S. is the only high–income country in the world that lacks paid leave policies. Though some private businesses and individual states have implemented ... Show more content on Helpwriting.net ... Paid family and medical leave is defined as period of time in which an employee can take time off to take care of personal needs and still receive partial wages. Thus far, paid family and medical leave is provided independently in five states: California, New York, New Jersey, Hawaii, and Rhode Island. It is funded differently in every state, but in most cases, money for paid leave comes from a small payroll tax or payroll deductions. In California and Rhode Island, paid family and medical leave is completely employee paid, while in New Jersey, it is a shared responsibility between employers and employees (Boushey). Currently, the only national legislation that addresses family and medical leave is the Family and Medical Leave Act (FMLA) enacted in 1993. The FMLA provides only up to twelve weeks of job protection and unpaid leave with continuing benefits for both men and women who have worked for his/her current employer for at least twelve months, logged at least 1,250 hours for his/her current employer in the previous year, and has work at a worksite that is within seventy–five miles of at least fifty employees of the employer (Shuit). Although the FMLA has been utilized by millions of Americans, its stringent eligibility requirements and the lack of education among the working population disable a large majority of employees to take advantage of its benefits. On its own, the FMLA fails to provide the resources that working–class employees need ... Get more on HelpWriting.net ...
  • 22. Expanding the FMLA in CAlifornia Essay Problem Identification Every day in California, working men and women face conflicts between their work responsibilities and their families. In order to work they must make arrangements for their children and elderly family members who need assistance. They address these conflicts through a variety of child–care, after– school, and eldercare arrangements. But sometimes when a child is seriously ill, an aging parent's health deteriorates suddenly, or a baby is born or adopted, these daily arrangements are no longer adequate. At such times of family need, an employee simply must take time off from work because no alternative care arrangements will do. That is why in 1993, Congress passed the Family and Medical Leave Act (FMLA), which was ... Show more content on Helpwriting.net ... That is why expanding the law to cover businesses with 25–49 employees would give 13 million more Americans the right to take FMLA leave. The National Partnership for Women & Families has analyzed the most recent available employment data to show what this expansion would mean for California. If California were to somehow expand the FMLA coverage to businesses with 25–49 employees it would make the following differences. Size of Employer (# of employees) Private Sector 50+ 25 – 49 Total (25+) # Employees covered 5,813,391 1,518,241 7,331,632 % Employees covered 55.5% 14.5% 70.0% # Employers covered 37,145 50,109 87,254 % Employers covered 4.1% 5.5% 9.6% If this proposition were to be made, California would rank 1st in the nation for the number of people newly covered by the FMLA, giving 1,518,241 more people in California the right to take FMLA leave. An additional 14.5% of California's private employees would be newly covered by the FMLA, and 70% of all employees in California's private ... Get more on HelpWriting.net ...
  • 23. Human Resource ( Hr ) Departments Human Resource (HR) departments were established to help companies enhance their employee's potential, which in turn enhances the performance of the company. HR departments are expanding in companies regardless of their size. Due to state and federal law, human resource departments have to adapt and grow. These HR laws are in place to help both the employee and the employer. This paper will discuss the Family and Medical Leave Act and what it is able to provide for employees. The Law Public Law 103–3; 29 U.S.C. sec. 2601; 29 CFR 825, better known as the Family and Medical Leave Act of 1993 (FMLA), was put into effect on August 5, 1993. Interestingly, the FMLA was proposed to congress every year since 1984 but was blocked repeatedly. Finally, the FMLA passed with bipartisan agreement through the U.S. House of Representatives and U.S. Senate on February 3 and 4, 1993 respectively. President Bill Clinton signed the FMLA into law on February 5, 1993 in his first term as President of the United States. President Clinton wanted the FMLA to balance the demands of the workplace with the needs of families. The FMLA requires employers to provide their employee's job protection and unpaid leave to its employees for qualifying medical and family reasons. Congress passed the FMLA because they believed that mothers and fathers should have the opportunity to start families early in their career without having to worry about losing their current jobs. Congress wanted to put ... Get more on HelpWriting.net ...
  • 24. Family Leave Act Vs Fmla The Family Medical Leave Act or FMLA allows for employees to leave work for a certain amount of time temporarily when they are unable to work for medical and family problems or another member in their family requires their attention and time for medical or family reasons. If an employee does take this kind of leave they will not be paid while they are on leave due to not working during the time period. They will also not lose their job just because of taking this type of leave either because it is qualified as a job protected type of leave and an employer is not allowed to fire an employee just because of this type of leave or the employer can get in trouble. If this type of leave is taken it also will not affect an employees health insurance. Their group health insurance or other ... Show more content on Helpwriting.net ... This will ensure that the employee or family can get better and will in the end be able to return to work after the time of leave has expired. The amount of time an employe will get will definitely depend on the situation as it may be different for different situations, but it also must meet the requirements of the law. It is important that an employee and employer remember there is only a certain amount of temporary leave time allowed for an employee to take for different types of situations like taking medical leave for having a baby will be usually be twelve weeks. Which is very common because the time allowed for these situations is usually only about twelve weeks. Other reasons a twelve week leave is approved or allowed is for a child birth or to help a family member that just had a baby as long as the baby is still a new born which is within the first year of the babies life, the family or employee decides to adopt or foster a child and will need to take time within the first year of having the child placed with them to help the individual, family, and/or child to adjust, or if ... Get more on HelpWriting.net ...
  • 25. Benefits And Benefits Of Benefits Benefits Plan Benefits are a very important part of the compensation piece for Techtron. They can often make or break a recruit's decision to accept a position with the company. Therefore it is important that we offer a competitive benefits package while keeping the bottom line in mind. Within the realm of benefits there are two types: Legally required benefits and discretionary benefits. Defined, legally required benefits are "protection programs that attempt to promote worker safety and health, maintain family income streams, and assist families in crisis". The Social Security Act of 1935, workers' compensation laws which vary by state, and the Family Medical Leave Act of 1993 are all mandated under federal law. Discretionary benefits are benefits that employers chose to offer. These benefits fall under protection programs, pay for time not worked, and services (Martocchio, 2015). Legally Required Benefits: The Social Security Act of 1935 provides for unemployment insurance, Old–age, Survivor and Disability insurance or OASDI for short, and means–tested welfare programs all of which were brought about by The Great Depression (Martin, P. & Weaver, D., 2005). Social Security is financed through a specific payroll tax. Both employers and employees pay 6.2% of wages up to the taxable maximum of (2015) $118,500. The breakdown in the OASDI is as follows: OASI = 5.3%, DI = .90%, Total = 6.2% (Retrieved from www.ssa.gov). Workers' compensation laws vary by state. In Michigan, ... Get more on HelpWriting.net ...
  • 26. Complaint Of Compensation Of The Family And Medical Leave... Complaint: Employee A has returned from 11 weeks of approved FMLA leave. Prior to his return, employee A spoke to the new manager of his department and submitted a request to return to work from his FMLA leave and for payment of unpaid wages accrued during his leave. The employee's manager has returned him to his previous work status and rate of pay, but has denied his request for monies "earned" during his leave. Employee A feels he is owed wages for the time he was off from work. Review of FMLA: A major provision of the Family and Medical Leave Act of 1993, is the right for eligible employees to take 12 work weeks of job– protected, unpaid leave. In order to be considered an eligible employee, employees must be employed by a covered employer for a minimum of 12 months prior to submitting an application for medical leave under FMLA. The employee must also have worked a minimum of 1,250 hours during that same 12 month period as noted in the Wage and Hours Division Employer's Guide to the Family and Medical Care Act. Additionally, the US Department of Labor notes that an employer is considered covered when they have 50 or more employees whom work at sites within 75 miles of each other for 20 or more weeks per year. According to The Wage and Hour's Division of the U.S. Department of Labor, we, Company X, as a covered employer must do the following for an employee who qualifies for and uses FMLA leave: We must hold the employee's job for them while out on leave, ... Get more on HelpWriting.net ...
  • 27. Essay on The Impact of Fmla on Human Resources The Impact of FMLA (Family and Medical Leave Act) on Human Resources Ehren Hayes Final Research Project GB520 – 06 Dr. Pellettiere Introduction According to the United States Department of Labor (DOL), The Family and Medical Leave Act (FMLA) of 1993 mandates that employers who have 50 or more employees living within 75 miles of the worksite, must provide a minimum of 12 weeks of unpaid job protected leave. The employee must have worked for the organization for a minimum of 12 months and must have clocked a minimum of 1,250 working hours within that 12–month period. Congress passed this law in 1993 under President Bill Clinton, and it "is designed to help employees balance their work and family responsibilities by ... Show more content on Helpwriting.net ... Human Resource Management professionals reported issues with "tracking/administering intermittent FMLA leave, determining the overall costs incurred while complying with the requirements of the FMLA and determining whether an intermittent serious health condition should be protected by the FMLA." (Frincke, pg. 7) There are no statutes or policies in the FMLA that states the employee must furnish a doctor's note, but many state regulations do require it. If there are any questions in regards to the seriousness of the employee's condition, the employer can ask that documentation be provided if this requirement is made known before hand. There are also situations where an employer may dispute a doctor's recommendation and they may require the employee to get a second opinion. The doctor will then have to determine that the duties of the employer's job cannot be performed or the requested leave is medically necessary. With the exception of maternity, birth or adoption of child, most employees, typically, can only give up to a week or same days notice. Unfortunately, an episodic event or catastrophic health issue doesn't allow for much notice. Maternity notice averaged about two months in advance. Several legal websites, including Findlaw.com and cpmy.com state that in order to avoid disruption in the work place, the employee's responsibility is to give "reasonable" notice, which is typically 30 days. If the reason for leave is unexpected, ... Get more on HelpWriting.net ...
  • 28. Analysis of the Amended Family and Medical Leave Act Essay On August 5, 1993 the amended Family and Medical Leave Act of 1993 (FMLA), was intended to help employees have a work life balance. This accomplishment placed the United Stated ahead of major barriers for the fair labor laws. Before having the amended FMLA put into place, employees were rarely granted job protection for caring for newborns, relatives and personal medical illness. With the new amended act, it allowed employees to take a leave of absence from their job and allowed protection from being fired or having to take a reduced work scheduled by force from the company. Initially, the bill had been introduced to Congress session for the past nine years and had been vetoed twice by President George H.W. Bush, although, in the 1988 ... Show more content on Helpwriting.net ... S. Department of Labor, 2009). Business Affects FMLA affects employers in many ways, such as monitoring leaves of absence, coordinating benefits for employees, record keeping and return–to–work conditions. FMLA affects employers in terms of ensuring compensation, and benefits specialists are well versed in the application of FMLA regulations to individual employee circumstances. Employers are affected also by FMLA but not replacing the employee or giving the employee an alternative position with the strong intentions of discouraging them from taking the leave. If the employer fails to comply, there are strict consequences and possible lawsuits. Another discouragement that affected for the employers were that they had to continue providing group health insurance to the employee while on leave. "The FMLA can have a negative impact on both small and large employers due to the law's regulatory and administrative complexity" (Leonard, 2000). FMLA created a sense of burden for employers and their management team, as they were responsible in finding suitable replacements to fill in for employees who are out on FMLA leave. This would have eventually slowed down the employer's productivity causing profit losses, which employer's do not want to see happen. Labor Unions Affects There had been a piece of legislation, the Pregnancy ... Get more on HelpWriting.net ...
  • 29. Major Provisions : Family And Medical Leave Act Of 1993 Anthony Tryon 000489537 Western Governors University LIT1 Task 1 A1. Major Provisions – Family and medical Leave Act of 1993 The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job–protected leave for family and or medical reasons. As stated on US Department of Labor's website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered ... Show more content on Helpwriting.net ... A3. Violation – Situation A Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the requirement of providing 30 days' notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave. B1. Major Provisions – Age Discrimination in Employment Act of 1967 As described on Facts About Age Discrimination (2008), the ADEA provides protection against age discrimination for both applicants and employees during the hiring and employment termination process. For employees the ADEA protects against age being a factor in opportunities for promotion, assignment of benefits and selection for layoffs. With few exceptions the ADEA prohibits employers from including age as a criterion when advertising or posting notice for available jobs. The ADEA explicitly protects "whistleblowers" against retaliation as a result of filing an age discrimination ... Get more on HelpWriting.net ...
  • 30. Benefits Of Guaranteed Paid On The United States Mariah Inghram ENGL 3060 J Final Essay Katherine Berta December 8, 2016 Guaranteed Paid Maternal Leave in the United States Today there are two countries in the world that do not currently guarantee paid maternity leave for employed new mothers and/or expecting mothers, those countries are the United States and Papua New Guinea, according to the International Labour Organization, an United Nations agency (Rubin 2016). In recent years, the controversial issue of guaranteed maternal leave has been a prominent topic of debate amongst political activists and elites, particularly in the United States, where reform is both an ethical protection for employees and a feasible option for employers, but has yet to be achieved. It is this absence of policy that has been linked to significant health related issues of which does not only effect mothers, but their children as well. In addition to these adverse health impacts, it generates economic hardships to mothers and families. Thus, the consequences to mothers, families, and newborns that the absence of guaranteed paid maternal leave presents and the potential benefits of guaranteed paid leave for these individuals as well as employers, creates a case for policy reform in this particular area that would implement such protection. Today, the United States' policy for maternal leave remains the same as it was in 1993, when the Family Medical Leave Act (FMLA) was passed (Rubin 2016). As a means to go beyond the FMLA, three states have ... Get more on HelpWriting.net ...
  • 31. Family Medical Leave Act The Family Medical Leave Act The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50 or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor, 2017). To count the ... Show more content on Helpwriting.net ... Employers must also provide a written general notice to employees, this can be done in the form of a poster. The poster must be posted where all employees and applicants can see it. The poster can be ordered thru the Department of Labor at no charge to the employer. Failure to post the poster can result in a civil penalty of one hundred and sixty–six dollars (United States Dept of Labor, 2017). The employer must also print a notice in the employee handbook of FMLA procedures and rights of the employee. If no handbook exists the employer must give written notice to every new employee upon hire (United States Dept of Labor, 2017). There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed ... Get more on HelpWriting.net ...
  • 32. Essay about Family and Medical Leave Act (Fmla) Family and Medical Leave Act (FMLA) What is Family and Medical leave Act (FMLA)? The Family and Medical Leave Act (FMLA) that was passed in 1993, is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. These four situations are for pregnancy; to care for an infant, such as newborns, newly–placed foster children, and adoptions; to care for a relative with a serious health condition; or to allow an employee to recover and recuperate from a personal serious health condition. This paper will be discussing the impact of FMLA on employers and the protections provided by this law. (Vikesland, 2009) Protections Provided by FMLA The FMLA is covered mainly through private–sector employers and public ... Show more content on Helpwriting.net ... President Bush prior to the passing of FMLA in 1992 vetoed a similar bill which was to suppress the creation of new jobs resulting in the elimination of jobs that already existed. With the election of President Clinton in 1992 assured the passing of FMLA which has been the focal point of Clinton's campaign. (dol.gov., 2009) The FMLA was the first legislation that Clinton signed after taking office. After that, employers and employees who are supporter of FMLA amended this to make sure it was incorporated in more workplaces and to help provide for paid leave instead of unpaid leave. Employers or employees skeptical of the FMLA focused on current Department of Labor regulations for needless burdens upon employers. The Society for Human Resource Management had arguments regarding the truth and legitimacy of requested leave. With those arguments, there were changes in the policy and procedures of being an employee in a company revisiting regulations. There was also a concern that employment law had failed to account for changes through employers and did not provide enough protection to family life. There were prominent congressional debates over the bill due to the potential loss of an employee/ parent who may be forced to quit their job in order to care for one of the four situations that FMLA covers. Investigators who took a survey of leave not only ... Get more on HelpWriting.net ...
  • 33. The Family Medical Leave Act ( Fmla ) The Family Medical Leave Act (FMLA) was passed with the idea of creating job protected leave when necessary, while also providing employees with the opportunity to balance work, health, and family responsibilities. FMLA is designed to avoid job loss when employees request additional time off in order to treat a critical medical condition or deal with serious family or personal matters. Due to the establishment of FMLA, workers can now maintain employment as they treat qualifying medical conditions, care for a close relative, bond with newborn, etc. In other words, the concept of FMLA was for employers to legally support their workers during life's challenging circumstances. Although many positive outcomes are a result of this law, administering FMLA has turned into a challenging and complex task for employers. Passing this law triggered many unintended consequences that have tremendously affected the way organizations manage their leave of absence policies. Employee abuse of this privilege is a major issue employers are being faced with. The impact FMLA leave has on the entire company, including quality, performance, and productivity can be dramatic. These unplanned concerns that now exist due to FMLA provide tremendous amounts of stress for the employers to properly manage the law; FMLA has turned into a problem employers are defenseless against. Employee Abuse of FMLA The Family Medical Leave Act (FMLA) was enacted to offer relief and protection to those workers ... Get more on HelpWriting.net ...
  • 34. Color Of Justice Research Paper Color of Justice If I could make any law, what would it be and why? When a law is passed, it can have a large effect on the citizens of that area. It has been said that the first year of a child's life is the basic foundation of their entire life. In order to make that first year successful, money, time and of course love are critical. However because the current policies that exist in America, mothers are denied an easy balance between work, money, and time for their children. The current policies regarding maternity leave are extremely outdated and need to be reformed to accommodate mothers in this day and age. If I could create a law in America, it would be a law upgrading the Family and Medical Leave Act, requiring all employers ... Show more content on Helpwriting.net ... According to the National Partnership, 76% of respondents of a survey favored updating the Family Medical Leave Act. Also, 84% of people under 30 favored updating the act, and 72% of people over 65 favor the updating of the act. Some believe that paid leave will be extremely bad timing, will be difficult to fund, and that the government should focus on the fiscal cliff instead. However, in the long run having paid maternity leave will result in saving money. There is a direct relationship between the amount of leave one is granted, and breastfeeding rates. In a 2010 study it said the US could prevent 900 deaths of infants and save 13 billion dollars per year if 90% of women breastfeed exclusively for the first six months of their child's life. As of 2010, only 43% of babies in America are breastfed for six months. Women are not able to breastfeed exclusively due to the high demands of work. Some believe that updating the Family Medical Leave Act will create debt but the findings of this study say it can actually help the economy and save lives. According to the National Bureau of Economic Research, mothers who return to work soon after the birth of a child are more likely to become depressed and are less healthy than mothers who do not, and one third of mothers end up in debt after childbirth due to having unpaid maternity leave. When a woman has access to paid leave after birth they are more ... Get more on HelpWriting.net ...
  • 35. How Congress Constructs Its Acts In order to advance the acumen of how Congress constructs its acts from inception to enactment, there are various methodologies one can use. With that in mind, this exploration aligns to the Analytical Framework methodology as described in our class textbook, The Struggle for Democracy by authors Edward Greenberg and Benjamin Page. Thus, the congressional act I've chosen to examine is the Family and Medical Leave Act of 1993 as it's of immense importance to all Americans. Specifically, this act addresses the fundamental need of our nation's workforce as it relates to work/life balance; therefore, by providing the context of the reasons why such a law emerged, identifying the collaborating actors in the creation and implementation of the law, articulating the process of enactments, as well as outlining out its path to enactment using the Analytical Framework, this exploration will increase its reader's competency of knowledge about what transpired in passing the Family and Medical Leave Act of 1993. Likewise, the organization of this examination comprises of four main sections correlating with the horizontal segments (levels) of the Analytical Framework. To begin, the first section interprets the foundation of the FMLA by providing the historical background, the economic and social environment of the American workforce prior to the FMLA, along with previous legislation attempts and information on various legislative acts which are in similar alignment with the FMLA: ... Get more on HelpWriting.net ...
  • 36. Family And Medical Leave Act (FMLA) In 1993, Congress passed the Family and Medical Leave Act (FMLA) to provide a national policy that supports families in their efforts to strike an effective balance between work and home ("Wage and Hour Division (WHD)", n.d.). Congress understood that there may come a time when an employee's family member has a serious medical problem or a care giving need which requires that employee to take time off from work. A care giving need can also be the birth, adoption, or foster placement of a child. Cherner (2008) asserts that the FMLA grants up to 12 weeks of leave during a 12–month period for a number of qualifying reasons mentioned previously as well as for an employee's own serious health condition and certain "qualifying exigencies" related ... Show more content on Helpwriting.net ... Verizon Virginia Inc., 2011, plaintiff was fired in retaliation for his exercise of FMLA rights over a two day period when the employer had videotape evidence of the plaintiff driving, spending 30 minutes at the gym, renting videos and shopping. The employer concluded this activity was inconsistent with his claim that he had migraines on those days. Nevertheless, the plaintiff asserted that the employer's reason for termination was a pretext for FMLA retaliation because it took the "extraordinary step" of placing him under surveillance, however the court ruled that the surveillance did not show that the employer's reasons for terminating plaintiff were pretextual since the employer had hired private investigators at least five times in the past and the plaintiff did not prove that similarly situated employees were treated differently (Smith, ... Get more on HelpWriting.net ...
  • 37. Federally Mandated Employee Benefits Essay Offering employee benefits is one way a company must competes in today's marketplace to retain old employees and attracts new ones. These benefit packages may range from offering basic health insurance to additional discretionary and perk benefits such as vacation and retirement packages. Benefit packages are often a large portion of employee costs and Federal mandates require an employer to carry and offer certain benefits even if they offer nothing else. Federally required employee benefits make up approximately a quarter of the costs associated with employer offered benefit packages. Some of these mandated benefits include Social Security, Worker's Compensation Insurance, and the Family Medical Leave Act. Social Security along with ... Show more content on Helpwriting.net ... Another benefit assurance an employee has is Workers' Compensation Insurance. The second employment benefit required by Federal law is workers' compensation insurance, otherwise known as workers' comp. It is a Federal tax and in most States, employers and employees must contribute to State workers' compensation programs as well, which provides financial support to people who are unable to work because of a workplace injury or illness. "Workers' compensation insurance provides medical care and treatment, rehabilitation and replacement income for employees due to job related injuries and illnesses workers compensation programs provide benefits to those workers disabled by occupational illness or injury" (Primepay.com, n.d.). Workers compensation insurance is the protection of employees from loss of income due to job loss. In addition, it is to cover extra expenses associated with job–related injuries or illness. Injuries and illnesses more frequently covered by workers compensation insurance are situations where a disability is temporary or permanent, this in includes partial and complete disabilities. It also covers impairments obtained at employer–sanctioned events, such as social events and it covers an employee while traveling for business purposes. ... Get more on HelpWriting.net ...
  • 38. Paternity Leave Benefits Paternity Leave As of 2015 less than 20% of employers offer paid paternity leave. This low number is staggering when you look at all the benefits that come from a new father being at home with his newborn. The benefits to employers alone should send that number skyrocketing. Paid paternity leave promotes better child cognitive development, allows for faster recovery for the mother, and makes for better employees. Paid paternity leave should be a benefit provided by every company in the United States for all full–time employees and would prove to be a profit for the company. "Fathers attach to their babies in the way similar to mothers and at the same time, making it important for new dads to spend time as much as possible with their newborns" ... Show more content on Helpwriting.net ... This allows employees to take up to 12 weeks of un–paid leave. It helps balance work and family life without the fear of losing their jobs and benefits. The leave is easy to get if you are a full–time employee of a company that has more than 50 employees, has 20 or more work weeks, and you live within 75 miles of your job. It is illegal for an employer to discriminate against an employee that has taken leave, but Federal law requires at least 30 days' notice to the employer. If your work doesn't offer paid paternity leave this is one option you have. Another is to use up any vacation and/or PTO. When you put everything together you can see that the long–term financial benefits of paid paternity leave greatly outweigh the short–term economic costs for any employer. Letting the father create such a close bond with the child produces such enormous benefits it is inconceivable that more employers aren't getting on board with it. I hope that in the future more employers will see the financial, emotional, and mental benefits and incorporate paid leave for new ... Get more on HelpWriting.net ...
  • 39. Employment and Medical Leave Act Essay Family and Medical Leave Act The Family and Medical Leave Act of 1993 (FMLA) was established to help protect employees who missed work for medical reasons. "The Family and Medical Leave Act (FMLA) provides employees job protection in case of family or medical emergency. FMLA permits eligible employees to take up to 12 workweeks of unpaid leave during any 12–month period." (Martocchio, 2003) The Wage and Hour Division (WHD) is responsible for administrating and enforcing most of the labor laws, including FMLA. There are four reasons that an employee can claim FMLA. They are 1) for the birth and care for a newborn child; 2) for placement with the employee of a son or daughter for adoption or foster care; 3) to care for an immediate family ... Show more content on Helpwriting.net ... "In reality, the impact of FMLA abuse extends well beyond the workplace because FMLA costs are passed on to consumers." (Profesional Exchange Service Corporation, 2005) Even though the time off is unpaid to the employee, it is very disruptive to certain types of business such as call centers who need to schedule employees to cover busy call times with in their business. By having employees abusing this policy, it becomes harder and harder to staff some businesses. It is not only the employer that suffers; it is also the employees that are left to work when there peers off of work. Some of the other issues with the administration of the law are the vague diagnoses doctors give for the reasons employees should be off of work. In some cases, employees file under the FMLA law when in fact they may have a type of disability the employer could accommodate under the ADA law. Even though the intent of this act was to help protect employees, many believe that FMLA may be doing more harm to business that it was intended. It may be time to review and revamp this law, and have some of the items intergraded into the ADA in order for it to be better managed. Many believe that there are ways to improve this law to help protect employees as well as have the law not have a severe impact on businesses. References Cohen, D. G., & McLeod, T. (2003, August 2003). Changes in FMLA are needed. Michigan Banker, 15(8), ... Get more on HelpWriting.net ...