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Part A: The FMLA was instated by Bill Clinton to allow an employee to leave work to attend to personal health, family health, and military purposes or for the care of adoption and foster kids. They are allowed to leave for a max of 12 unpaid weeks. To be eligible for the FMLA, the employee must work in a company that employs at least 50 employees. In addition, they must have been employed for at least 12 months and worked a minimum total hours of 1250. Company X has at least 75 employees, so that requirement is fulfilled. Employee A has worked for 2 years, or 24 months, so employee A is eligible for FMLA. The reason for leave was to be with family after child birth, which is also one of the allowed reasons. The main problem is, Employee A is asking for 11-weeks of withheld salary. However, the 11 weeks under the…
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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.…
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The FMLA states that an employee can be on extended leave up to 12 weeks without…
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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.…
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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.…
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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…
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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…
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40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.…
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