Situation A. The Family and Medical Leave Act entitles those eligible up to twelve weeks leave per each postal year for a new child in the family, whether it be by birth, adoption or placement in foster care. It also allows for leave if the employee themselves has a serious health condition that prevents them from performing the job or caring for a family member that has a serious health condition. Lastly, it also guarantees those eligible up to twenty-six weeks of leave in a postal year to care for a covered service member, as long as the service member is their spouse, parent or next of kin.
Employee A took a leave of absence because his spouse prematurely gave birth to twins. After being on leave for eleven weeks, he asked to return to work and receive the withheld salary from his eleven-week leave. The new manager that is working has given the employee back his job at the previous rate of pay but has denied him his request for the eleven week withheld salary.
Given the situation, there has been no violation because “the FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave” ("Family and medical," 2012).
Situation B. The Age Discrimination in Employment Act of 1967 protects individuals forty years and older from employment discrimination based on age. Its applies to both those already employed as well as job applicants. According to the ADEA, it's considered unlawful to discriminate against a person because of their age in respect to hiring, firing, promotion and benefits. In fact, the ADEA permits employers to favor older workers, even when doing so may adversely affect a worker that may be forty years or younger ("Facts about age," 2008).
Employee B has been employed by Company X for forty-two years and during the annual performance review last month,...
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