The Family and Medical Leave Act of 1993 provide protection for employees who need to take leave for family or medical reasons. It provides 12 weeks of unpaid leave while the employees’ job and group health benefits are protected. All public agencies, public and private elementary and secondary schools and companies with 50 or more employees are required to provides eligible employees the 12 weeks unpaid leave for : Birth and care of their newborn child
Placement with the employee of a child for adoption or foster care Caring for an immediate family member with a serious health condition Medical leave when they are unable to work because of a serious health condition Families of military service members are able take leave for activities that arise when a service member is deployed. This is an expansion of FMLA for military families. To be eligible an employee must work for the company a minimum of 12 months and 1,250 hours over those 12 months. The location the employee works for must employ 50 or more employees within 75 miles. It also requires that employee's group health benefits be maintained during the leave. Employees are expected to give at least 30 days’ notice for family leave. In the case of Employee A who has been with company X for two years and has been on leave for 11 weeks to help care for his wife and prematurely born twins and is requesting reinstatement of his position, and to be paid for his withheld salary, FMLA guarantees him the right to return to his previous position and his continued health benefits. FMLA does not require that the company provide paid leave. In this case the employees’ new manager has abided by the protections provided by the Family and Medical Leave Act of 1993 and it appears that no violation has occurred.
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination based on age, protecting employees over the age of forty. The protection applies to both employees and job applicants....
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