Employee Welfare Law
Employee Safety, Health, and Welfare Law Paper
Gilbert Peralta
6/11/2007
MGT 434
University of Phoenix
Brian Strayer
Over the years, The United States Government has taken great care to protect employee's rights to take care of themselves and their families. Two of the greatest pieces of legislation passed to protect employees' rights to themselves and their families are the Family and Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA). Both signed and enacted into law at very different social times, but both emulate the commitment the U.S. Government has to protect workers and their families.
The Family and Medical Leave Act (FMLA) was written into law February 5, 1993 by President Bill Clinton; which was …show more content…
Eligible employees must have been with the company for one year and for at least 1,250 hours during the one year preceding the time off (Bennett-Alexander & Hartman, 2007). Also, the employee must give at least 30 days' notice when applicable (child birth for example). The FMLA affects only about 5 percent of U.S. employers and about 40 percent of U.S. employees. Studies have also shown that only one third of eligible workers have used FMLA citing fear of potential retaliation from employers as the reason (Bennett-Alexander & Hartman, …show more content…
The OSH Act governs any employer who employs workers in a business that affects commerce (Bennett-Alexander & Hartman, 2007). Eligible employers must comply with the Department of Labor's safety and health compliance requirements. The body responsible for monitoring and enforcement is the OSH administration under the Department of Labor. Seen as OSHA's most costly and invasive requirement, the continual-training requirement requires employers to adopt a program to train employees about proper safety in the workplace.
There are certain responsibilities employers have by law in regards to FMLA and OSHA. Under the Family and Medical Leave Act, eligible employers are responsible to provide leave under the following circumstances:
1. The birth and care of a son or daughter.
2. The placement of a son or daughter for adoption or foster care.
3. The care of spouse, son, daughter, or parent of the employee who has a serious health condition
4. A serious health condition of the employee that makes the employee unable to perform the basic functions of their
Gilbert Peralta
6/11/2007
MGT 434
University of Phoenix
Brian Strayer
Over the years, The United States Government has taken great care to protect employee's rights to take care of themselves and their families. Two of the greatest pieces of legislation passed to protect employees' rights to themselves and their families are the Family and Medical Leave Act (FMLA) and the Occupational Safety and Health Act (OSHA). Both signed and enacted into law at very different social times, but both emulate the commitment the U.S. Government has to protect workers and their families.
The Family and Medical Leave Act (FMLA) was written into law February 5, 1993 by President Bill Clinton; which was …show more content…
Eligible employees must have been with the company for one year and for at least 1,250 hours during the one year preceding the time off (Bennett-Alexander & Hartman, 2007). Also, the employee must give at least 30 days' notice when applicable (child birth for example). The FMLA affects only about 5 percent of U.S. employers and about 40 percent of U.S. employees. Studies have also shown that only one third of eligible workers have used FMLA citing fear of potential retaliation from employers as the reason (Bennett-Alexander & Hartman, …show more content…
The OSH Act governs any employer who employs workers in a business that affects commerce (Bennett-Alexander & Hartman, 2007). Eligible employers must comply with the Department of Labor's safety and health compliance requirements. The body responsible for monitoring and enforcement is the OSH administration under the Department of Labor. Seen as OSHA's most costly and invasive requirement, the continual-training requirement requires employers to adopt a program to train employees about proper safety in the workplace.
There are certain responsibilities employers have by law in regards to FMLA and OSHA. Under the Family and Medical Leave Act, eligible employers are responsible to provide leave under the following circumstances:
1. The birth and care of a son or daughter.
2. The placement of a son or daughter for adoption or foster care.
3. The care of spouse, son, daughter, or parent of the employee who has a serious health condition
4. A serious health condition of the employee that makes the employee unable to perform the basic functions of their