Employee A has asked to take a leave of absence from work for a family medical reason. Employee A was granted the time off to be with his spouse for the premature birth and care of their twins. After 11 weeks off from work, he has put in a request to return to his position with pay for the time he had off. The Family and Medical Leave Act (FMLA) states that an employee may take up to 12 weeks of unpaid leave to a handle domestic responsibilities which include the birth of a child. It also states that the employee shall retain his same or equivalent position with the same pay and benefits up on his return to work. Given the Family and Medical Leave Act, I feel that no violation has occurred. The manager was correct to deny the request for 11 weeks paid leave since the FMLA clearly supports that this is an unpaid benefit. Employee A was granted his same position at the same pay rate up on his return to work. If the employee has accrued any paid vacation, personal or sick days, he may apply those to his time off, but the company will not grant his request for 11 weeks paid leave through FMLA.
Employee B, who is 68 years old, was passed on a promotion due to his age. He received an “above average” on his performance review and has dedicated 42 years with the company. The promotion was given to another co-worker who received a performance review of “adequate” and who is 32 years old. The Age Discrimination in Employment Act of 1967 (ADEA) states that persons 40 years of age and older may not be discriminated against based on age in the acts of hiring, promotion, discharge or compensation. Given that Employee B was denied the promotion due to his age, I believe that he is being discriminated against and a violation of the Age Discrimination in Employment Act (ADEA) has occurred. Employee B was denied the promotion due to age and the promotion was given to an employee that is 32 years old. In trying to understand why this violation...
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