Sample content Employee Safety, Health and Affirmative Action Law Paper MGT 434 Employment Law FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as twelve weeks of unpaid leave from work in a one year interval. The leave may be for the delivery of a baby, adoption of a baby, taking care of a loved one who is unwell, or in case the worker has a severe illness stopping the worker from fulfilling her or his job requirements. (Vikesland, 2006) As per the Department of Labor ‘workers should provide the company with fourteen to thirty days advance notice when the requirement to take FMLA is imminent’ (DOL, 2010) If the advance notice to the company not be possible, the worker “should provide notice as quickly as possible and practical and the worker usually should abide by an employer’s normal call-in protocols” (DOL, 2010) The company should maintain the health benefit coverage or premiums of the worker when the worker is on FMLA leave under the group ret

1. MGT 434 Employee Safety Health and Welfare Law Paper
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Sample content
Employee Safety, Health and Affirmative Action Law Paper
MGT 434 Employment Law

2. FMLA or The Family and Medical Leave Act of 1993 offer workers with as many as
twelve weeks of unpaid leave from work in a one year interval. The leave may be
for the delivery of a baby, adoption of a baby, taking care of a loved one who is
unwell, or in case the worker has a severe illness stopping the worker from fulfilling
her or his job requirements. (Vikesland, 2006) As per the Department of Labor
‘workers should provide the company with fourteen to thirty days advance notice
when the requirement to take FMLA is imminent’ (DOL, 2010) If the advance
notice to the company not be possible, the worker “should provide notice as quickly
as possible and practical and the worker usually should abide by an employer’s
normal call-in protocols” (DOL, 2010)
The company should maintain the health benefit coverage or premiums of the
worker when the worker is on FMLA leave under the group retirement plan policy
just as if the worker were still doing the job. Once the worker comes back to work,
equivalent pay, worker benefits along with other employment factors are restored.
The eligibility needs for the worker under FMLA are “working for a covered
company for a minimum of one year, 1250 hours during 12 months and with a
minimum of fifty other workers hired within seventy five miles with the same
company” (DOL, 2010).
Companies might not meddle, restrict or refuse workers of individual legal rights
provided under FMLA. This can include terminating workers or discriminating
against workers under coverage offered by FMLA. Moreover FMLA needs covered
companies to publish the text of the law for all workers in the workplace. FMLA was
changed during 2008 for the objective of permitting workers to correctly balance
family and work requirements by taking care of loved ones with critical medical
circumstances or their own health problems without danger of losing their jobs as a
consequence. The FMLA was changed once again during 2009 to increase leave
of absence needed by workers to twenty six weeks while taking care of a loved one
serving as active duty personnel in the U.S. army.
By getting FMLA leave of absence, the worker isn’t paid but when
permitted to do so, she or he might use any accumulated holiday time, paid
personal leave or paid ill time. To entitle the worker to FMLA leave, a critical
medical problem should be there. The credentials of a critical medical problem
include a sickness, harm, actual handicap or mental disease involving inpatient
hospitalization or the constant health care by a medical practitioner. The medical
care expert or doctor medical certification is needed of the worker prior to taking
leave. FMLA just necessitates the company to provide unpaid leaves of absence;
any judgment on payment for the worker is dependent on the organization policy.
For companies which are uncovered they aren’t needed to follow the tenets
of FMLA.

3. The Occupational Safety and Health Act (OSHA) of 1970 were passed to help
company as well as workers to avoid and minimize workplace fatalities, accidents
and diseases. This is achieved with an effort which is a national compliance for
occupational safety
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