Occupational Safety and Health and Work Place

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University of Phoenix
Employment Law
Lamija Basic
February 1, 2010

The Family and Medical Leave Act (FMLA) and Occupational Safety and Health Act (OSHA) are laws that allow protection of employees. The arguments from both sides (Employee and Employer) about these two laws are important and carry a huge impact to both parties. The two laws offer a great deal of protection for the employee but have a large finical impact to the employer. FMLA and OSHA was enacted to aid employees in balancing work and personal obligations, without having to choose between the two in times of crisis. FMLA was created in 1993 to insure the employees’ stability for his/hers family and work responsibilities by allowing the employee to take medical paid leave for certain medical and family reasons. An employee can take up to twelve (12) week of unpaid leave during any twelve (12) months period. The request for leave can be for any of the following reasons: pregnancy, prenatal complications, or the adoption/fostering of a child, chronic conditions -- diabetes, epilepsy, etc, Long-term conditions -- Alzheimer’s disease, cancer, hospitalization and conditions that requires ongoing treatment -- chemotherapy, dialysis, carpal tunnel, etc. An employee becomes eligible by working at their company for more than 12 months and must have worked at least 1,250 hours during the previous year. The FMLA act applies to all public agencies, public and private elementary school and secondary schools. Other requirements on the employer side are the company has to employ more the 50 people and all employees must live within 75 miles of the work place. Companies with fewer than 50 people within 75 miles of the employee’s worksite do not qualify for FMLA leave. There are three different types of FMLA leaves an employee can take and they are, Reduced FMLA leave: An employee needs to reduce the amount of hours they work per day or per week, often to care for a family member or...
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