Family and Medical Leave Act

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The Family and medical Leave Act (FMLA) was made law to allow employees that met certain requirements to take time off from a job for up to (12) twelve weeks for situations that qualify under the Act. Some of the qualifying situations are: child birth, adoption, military leave, care of a family member with a severe medical condition. If the situation is one of the approved reasons, employees are given the time off with the guarantee that they can return to the same position with the same pay. Before an employee can request time off for FMLA, they must be employed at the job for (12) twelve months or more before making the request.

In Situation A, the employee has had (2) two years of employment with the same company. The employee requested FMLA leave for (11) eleven weeks to help with the premature birth of his twins. After the employee returned to work at his previous position and pay he made a request to be paid for the (11) eleven weeks he was on leave. The company refused his request for compensation during his leave. The company fulfilled the law by allowing the employee to come back to his previous job at the same pay.

The Age Discrimination Employment Act of 1967 (ADEA) was designed to stop age discrimination in the working environment. The act covers discrimination in hiring, wages, promotion, layoffs and termination. It is unlawful to include age requirements in job advertisements unless the age factor can be proven to be a qualifying requirement for the job. Employers can ask employees to waive their rights under the ADEA act under very specific standards. The act is primarily concerned with workers of age (40) forty or older.

In Situation B, a 68 year old employee who has been employed with the company for 42 years was denied a promotion based on age. Recently the employee has received an above than average...
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