Preview

Fmla Violations

Better Essays
Open Document
Open Document
1087 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Fmla Violations
The legal aspect is one of the major issues in Human Resource Management. I will look at the other side of violation of employment law. The Family and Medical Leave Act of 1993 permits employees up to twelve weeks of unpaid leave per year for a new baby, a sick family member or the employee’s own serious illness. Many companies offer more than what is required by law. For example, the law states employees must provide medical certifications of the illness or birth and can also request another medical opinion. Many companies do not require documentation and also allow employees to use FMLA paid leave along with their paid vacation days or sick days in order to take off more than twelve weeks (Cascio & Aguinis, 2011).
A couple of years ago,
…show more content…
And then there is the employee with the “perfect fit.” That’s the one who manages to use exactly 12 weeks of leave every year.” Employers can avoid these situations by: training the managers, checking the policies, require complete certification from all employees using FMLA instead of trusting their word, request second medical opinions, and utilize investigative or surveillance devices (Effland, 2010). This last suggestion seems extreme and expensive, but whatever it takes. It is illegal to refuse FMLA to an employee, but when it is abused, it hurts the organization and the credibility of other employees who really do need …show more content…
Many interview questions can be perceived as unfair and illegal. Questions that should not be asked include: What years were you born or how old are you? Are you pregnant or plan on getting pregnant? Do you have children? Have you ever been to a psychologist or psychiatrist? Are you taking prescription drugs? There are many others. Some are obviously discriminatory, but others are harder to pick out. For example, you cannot ask a candidate if they have ever been arrested, but you can ask if they have been arrested for a felony in the past five years (Levy, 2013).
Although interviews have low validity for predicting future job performance, they are very important because employers and candidates can exchange important information about the organization and about the candidate. It is also important for the interviewer and the candidate to meet in person so that the interviewer can get a feel for the candidate and the candidate can get a feel for the organization and possibly a realistic job preview (Levy,

You May Also Find These Documents Helpful

  • 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

    FMLA is allowed for any employee that has worked for the company with more than fifty employees for at least twelve months and has worked a minimum of one thousand two hundred fifty hours (“Family and medical,” n.d.). Any employee that meets these requirements is allowed to take time off for personal medical issues, serious health conditions of a qualifying family member or for the employee to have a baby (adopt a child). In these cases the employer is not required to pay the employee for this time off, however the employee is entitled to return to work with the same position and salary.…

    • 858 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Lit1 Task 2

    • 950 Words
    • 4 Pages

    An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.…

    • 950 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

    The Family and Medical Leave Act of 1993 is one that ties in heavily to the first situation. “The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year” (Solis, N.D.). This leave must be for the birth and care…

    • 1421 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Lit1 Task 2 Essay Example

    • 841 Words
    • 4 Pages

    The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.…

    • 841 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Fmla Case Study Answers

    • 713 Words
    • 3 Pages

    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.…

    • 713 Words
    • 3 Pages
    Good 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
  • Good Essays

    Lit1 Task 2

    • 1608 Words
    • 5 Pages

    The FMLA entitles eligible employees to take up to 12 work weeks of unpaid, job protected, leave in a 12 month period for specified family and medical reasons. Title 1, sec 102, subsection 1(a) of this act specifies that the birth of a son or daughter of the employee is an eligible reason for the leave. Therefore, as long as the employee is eligible for the leave he is entitled for the time off.…

    • 1608 Words
    • 5 Pages
    Good 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

    Fmla Pros And Cons

    • 220 Words
    • 1 Page

    According to the United States Department of Labor, “there are no federal legal requirements for paid sick leave” (). Dependable on an income to provide for their children and families, working…

    • 220 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    In 1993, The state of Oregon passed The Oregon Family Leave Act. This act requires to provide eligible workers with protected leave to care for themselves or family members in cases such as death, illness, injury, childbirth, adoption, or foster placement. () There are certain specific requirements an employee must meet in order to receive time off from work. The fundamental purpose of the act is to ensure employees have the choice to withdraw from work under special circumstances without worrying about losing their job and/or seniority. * The Oregon Family Leave Act is a great safety net for those who are employed with big companies, and have been at with their companies for an extended period of time.…

    • 1216 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Fmla

    • 2969 Words
    • 12 Pages

    In 1993, President Bill Clinton established the Family Medical Leave Act which allows certain employees up to 12 weeks unpaid, job protected leave for a year. The Act was designed to help employees balance their work and family responsibilities by allowing the employee to take reasonable unpaid leave for certain family members and medical reasons. This could include a husband or wife to take time off to care for a new infant or adopted child. It could include a man or woman needing time off to care for a loved one, like a child, parent, or themselves. FMLA applies to all public agencies, all public and private schools, and companies with 50 or more employees. There are still uncertainties around FMLA and whether it’s being abused by some and needed by others. For example, an employee who needs time off for maternity leave but is only a part-time worker is not covered under FMLA. This employee is not guaranteed their position back after they take a leave of absence unless they meet the required hours of work and their company is covered under FMLA. Another employee who works full time and wants time off for Christmas and New Years but uses the FMLA to cover the days off as sick time, is misusing the act as a form of holiday pay. Comparing the two situations, one is needed more than the other. The first one might not be able to take off the recommended 6 weeks for maternity leave just because they are a part-time employee. In the second situation, the employee is abusing the system because they want time off for holiday and it’s not really a medical problem. I’m going to be looking at the pros and cons’s of FMLA and establish whether this Act is something that should continue with most companies with no changes or if the Act needs to be enhanced so that it better serves full time and part time employees and all employers.…

    • 2969 Words
    • 12 Pages
    Good Essays
  • Satisfactory Essays

    When an employer thinks about implementing employee-testing policies, ethical and legal issues should be considered.…

    • 251 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Your concerns may be justified if you are using a typical interviewing strategy in which there is no standard set of questions or a strategy in which interview questions do not explicitly focus on the past behavior of the applicant. Yet, there is an alternative. Studies in human-resource management suggest that behavior description interviewing may help you identify better performers from the rest of the applicants…

    • 2512 Words
    • 11 Pages
    Powerful Essays