Preview

Fmla Case Study Answers

Good Essays
Open Document
Open Document
713 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Fmla Case Study Answers
Situation A:
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,

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Kassie, broke arm on 07/08/17 went to hospital in Burlington, IA and was referred to Great River health emergency department for a fracture to right elbow. There, she was told to see an OT Specialist. Kassie made appointment for 07/11/17. Kassie went to the recommended doctor; Dr. John Randy, 5 times to be checked up on.HR of Federal Mogul had filed a medical leave on doctor’s notice. Kassie had to fill out FMLA out of own pocket but cannot pay for it. Last appointment was on 08/23/17. Was seen by a doctor and was given instructions to see a physical doctor of choosing. There, she was given an arm brace that would be taken off 08/1/17. Kassie called doctor after the appointment. Took medical absence forms to HR and filled out leave for medial…

    • 557 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Task 1 abc LIT1 061415

    • 267 Words
    • 1 Page

    Employee A has been 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 the 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 manager has agreed to employee A’s return to the previous job, at the previous rate pay. But the manager has denied the request for the 11 weeks of withheld salary.…

    • 267 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    LIT1 Task 310

    • 695 Words
    • 4 Pages

    Facts of Situation A as it pertains to the Family and Medical Leave Act of 1993 (FMLA).…

    • 695 Words
    • 4 Pages
    Satisfactory Essays
  • Satisfactory Essays

    FMLA (Family Medical Leave Act) is a United States federal law requiring covered employers to provide employees job-protected unpaid leave for qualified medical and family reasons. These reasons include personal or family illness, military service, family military leave, pregnancy, adoption, or the foster care placement of a child.[1] The FMLA is administered by the Wage and Hour Division of the United States Department of Labor.…

    • 311 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    This employee has worked for the company for two years and it can be concluded that the minimum hours worked to receive FMLA was achieved. The employer held the employee’s position in the company with no demotion which is also covered by the Family and Medical Leave Act. And the refusal from the company to pay wages missed over the eleven week leave is covered in the act as well, stating it is the discretion of the company to pay any wages while…

    • 858 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Wgu Egt1 Task 3

    • 550 Words
    • 3 Pages

    The Family and Medical Leave act of 1993 states, that any eligible employee can take twelve weeks of unpaid time off for a family emergency. The family emergency must be one of the four cases: a birth of a child, being a caregiver for immediate family members with a serious illness, placing a child in foster care or placing them up for adoption, or for a serious illness or health concern for themselves.…

    • 550 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Lit1 Task 2 Report

    • 1421 Words
    • 6 Pages

    Under the FMLA, both company and employee must meet the requirements under the law. As an example, Company X must have at least 50 employees, while in reality, the company has over 75 employees. Employee A needs to have worked for Company X for at least 12 months and at least 1250 hours within that 12 months; the employment length for Employee A has been 24 months and met the hourly requirement. The explained situation is that Employee A requested leave because of the birth of twins to the couple and he was needed to help with the initial care of the babies. He was granted this leave because his employment length was over the 12 month minimum. Employee A returned at 11 weeks which is below the required limit of 12 weeks stated in the FMLA. Employee A was re-instated to his previous job and pay, as it was before his leave. But Employee A’s back pay for those 11 weeks of leave was denied. Under the FMLA, the company was obligated to grant him leave and return him to his former job and pay at the end of that leave. Also stated in the FMLA is that the leave taken would be…

    • 1421 Words
    • 6 Pages
    Better Essays
  • Better Essays

    LIT1 Task 2

    • 1171 Words
    • 4 Pages

    The reason for the leave must be for the care of a family member who has a serious health condition or one 's own health condition. Employee A asked for the leave to take care of his wife who had prematurely given birth to twins. In fact, this is one of the reasons listed in the FMLA for this type of leave. It is not difficult to discern that this is a serious medical condition which requires continuous care of the patient. Therefore, employee A should not be subjected to any victimization upon his request of leave. Focusing on the duration of the leave, an employee is entitled to up to 12 weeks of this type of leave, so long as the right paperwork is provided. Employee A had been out for 11 weeks, hence, was still within the statutory period of 12 weeks. Since the issue of paper work is not a concern…

    • 1171 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    The Family Medical Leave Act (FMLA) for eligible employees and is obligated by federal law to do so when the situation warrants. The policy contains specific information on how this leave is to be applied for the employer and employees.…

    • 1170 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Understand employment responsibilities and rights in health, social care or children’s and young people’s settings.…

    • 385 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Upon review it was determined that based on Article X, section 4. A- Unpaid Leaves, 5. Maternity on page 13 of the final agreement that the denial of the request was clearly not in violation of the collective agreement . Our position is that during the “collective bargaining” both parties came to a mutual agreement in a good faith effort to execute and document conditions of employment that would affect our employees. This agreement included Article x section 3. A. Although, Carol has just adopted an infant, Carol did not give birth and would not be covered nor entitled to maternity leave. However, the council in good faith offered her two consecutive 90 day reasonable purpose leaves giving Carol 6 months of leave. This action would be in compliance with a potential relevant contract provision A. which reads “Leaves of absence for limited period without pay not to exceed 90 days for any reasonable purpose extensions is to be granted with approval of the Borough council.” Under the Family Medical Leave Act (FMLA) Carol was eligible for only 12 weeks of unpaid leave during a 12 month period ( State Family and Medical Leave Laws, 2014). Bainbridge Borough graciously agreed during the collective bargaining agreement to increase the amount of unpaid leave employees are eligible for in comparison to the time FMLA would provide. The definition of maternity applies to women who are pregnant or confined. In closing maternity benefits should only apply to females who have conceived and got pregnant (The New York Times, 1983). We therefore request that the grievance is dismissed in favor of Bainbridge…

    • 1070 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Err for Level 2 Childcare

    • 2526 Words
    • 11 Pages

    The terms and conditions of my employment are: the date in which I commenced my employment. My job title, this explains what my title is and has a brief description of what my roles will be. My place of work, this explains where my main place of work will be and that I may be needed in other branches. It also explains that I will be given a months notice if my place of work changes. My salary, this explains what my hourly rate will be and how it will be paid into my account. It also states that my salary will be reviewed each year and that I will be notified in writing if there is any change to my pay. My hours of work, this explain what my hours of work will be and what I am required to work each week. This also tells me when my hours are i.e. times and days. It also states that I am required to work additional hour’s holiday & holiday pay. This gives a brief explanation of when the holiday year begins and ends. When holiday can and cannot be taken. It also states that on the termination of my employment during a holiday year I will be entitled to holiday pay in lieu if it is outstanding. Trial periods/notice. This explains when my trial is and for how long and that it will be reviewed at the end of the trial period. It also explains that the company can extend the trial period and can dismiss you is they feel you are not capable of doing your job. They will give one weeks notice within the trial period of dismissal or extension of the trial. During the trial period or extension of this employees are not entitled to holiday.…

    • 2526 Words
    • 11 Pages
    Good Essays
  • Satisfactory Essays

    This led to the Family and Medical Leave Act which allows workers to take up to…

    • 422 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    To ensure that an employer is benefitingt from its applicant pool, the employer should be “disability-blind” and assess each applicant on the basis of her or his qualifications. During all stages of employment, such as interviewing, hiring, employee relations, transfer requests, performance reviews, disciplinary decisions, and termination. Following the guidelines as stated in section 503 of the Rehabilitation Act which necessitates affirmative action on the part of federal contractors and agencies to recruit, hire, and train disabled workers. Create facilities…

    • 729 Words
    • 3 Pages
    Good Essays
  • Good Essays

    federal laws

    • 711 Words
    • 3 Pages

    . The FMLA prohibits discrimination against pregnant women and parents as well as employees with serious health conditions. In 2008, two new types of FMLA leave were created which gives job-protected leave for family of members of the armed services.…

    • 711 Words
    • 3 Pages
    Good Essays