The Family Medical Leave Act (FMLA) ensures that full time employees are able to preserve their jobs in the event that they must take extended amounts of time off for medical or family care. In reviewing the details in Situation A, it appears that the employer did not violate the Family Medical Leave Act.
In order to qualify for protection under FMLA, the employee must meet specific criteria. First, the employee must a full time employee that has worked for the employer a minimum of 1250 hours over the last 12 months (Provisions of the FMLA). In this situation Employee A is described as working for the company for over two years so we can assume that this qualification has been met. Second, the employee must have a valid reason for the leave to be covered under FMLA. FMLA covers a number of different causes for leave. In this situation, Employee A would qualify since leave for the birth and care of a newborn child is covered under FMLA. Third, the job restoration must be considered. FMLA allows a maximum of 12 weeks of job protection for most situations. The employee return to the same position held prior to the leave or an equivalent position. In Situation A, the employee was on leave for 11 months and requested to return to his same position.
In situation A, the employee has met the requirements to be covered under …show more content…
The Acts state that applicants must be able to perform the essential duties of a position. Applicants must meet the skill, experience, education and other requirements that are required of all applicants. An employer must be willing to make reasonable accommodations for qualified applicants. Accommodations can be refused if they create significant difficulty or expense for the employer (Johnson,