Family Medical Leave Act Case Study

Situation A. The Family and Medical Leave Act entitles those eligible up to twelve weeks leave per each postal year for a new child in the family, whether it be by birth, adoption or placement in foster care. It also allows for leave if the employee themselves has a serious health condition that prevents them from performing the job or caring for a family member that has a serious health condition. Lastly, it also guarantees those eligible up to twenty-six weeks of leave in a postal year to care for a covered service member, as long as the service member is their spouse, parent or next of kin. Employee A took a leave of absence because his spouse prematurely gave birth to twins. After being on leave for eleven weeks, he asked to return to work and receive the withheld salary from his eleven-week leave. The new manager that is working has given the employee back his job at the previous rate of pay but has denied him his request for the eleven week withheld salary. Given the situation, there has been no violation because “the FMLA entitles eligible employees to take unpaid, job-protected leave for
It also “outlaws discrimination against individuals with disabilities in State and local government offices, public accommodations transportation and telecommunications” ("The ada: Your," 2005). A violation occurs when discrimination occurs with private employers, state and local governments, employment agencies, labor organizations and labor-management committees and an applicant. Applicant C requires the use of a wheelchair to move about due to paralysis and the position that they applied for requires movement about the entire company offices, including elevator access to any of the seven floors in the headquarters building. Applicant C was denied employment because their employment would cause undue hardship for Company