Western Governors University
LIT Task 2
The Family and Medical Leave Act (FMLA) of 1993 is a federal law to provide employees time off of work for due to medical and family reasons. Reasons include: the birth or adoption of a child, an employee’s grave medical condition which prevents the employee from doing his/her job, or attending to the serious medical condition of a child, parent, or spouse. This leave is unpaid and requires employees to have been employed with the employer for at least one year. The employee is permitted to maintain health insurance during the duration of the leave.
In the first scenario, the employee, who had worked for the company for two years, took family medical leave because his wife gave birth to premature twins. The employee returned to work a week early, per request. He was permitted to return to his position with his same rate of pay. The employee does not think is fair that he did not receive pay during the time he was on family medical leave. Lastly, the scenario includes that there is a new department manager.
The employee rightfully received the leave time because he was employed with the company for at least one year and had a legitimate excuse. He was rightfully given back his job position and rate of pay as specified in FMLA regulations. The company was right in this case not to pay the employee for the eleven week leave. The only way for him to receive any sort of pay was if he had any sick or vacation time that could be cashed out. The new manager has nothing to do with this scenario since all FMLA regulations were followed.
The Age Discrimination in Employment Act of 1967 (ADEA) places very strict regulations on business regarding the employees and hiring practices for individuals age forty and over. Businesses are not allowed to discriminate due to age during the hiring process or withhold raises and promotions of existing employees.
Scenario two explains that a 68 year-old...