Lit1 Task 2 Report
LIT1 - Task 2
Mark J. Fortenberry
May 9, 2015
LIT1 - Task 2
Company X has reported three situations that have occurred that require investigating. Since employment and hiring practices are a part of my duties here at Company X, I have been charged with the investigation into these situations. In the subsequent report, the laws that companies must abide by will be outlined and how these laws affects the outcome in each of these three situations.
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 …show more content…
Under the FMLA, both company and employee must meet the requirements under the law. As an example, Company X must have at least 50 employees, while in reality, the company has over 75 employees. Employee A needs to have worked for Company X for at least 12 months and at least 1250 hours within that 12 months; the employment length for Employee A has been 24 months and met the hourly requirement. The explained situation is that Employee A requested leave because of the birth of twins to the couple and he was needed to help with the initial care of the babies. He was granted this leave because his employment length was over the 12 month minimum. Employee A returned at 11 weeks which is below the required limit of 12 weeks stated in the FMLA. Employee A was re-instated to his previous job and pay, as it was before his leave. But Employee A’s back pay for those 11 weeks of leave was denied. Under the FMLA, the company was obligated to grant him leave and return him to his former job and pay at the end of that leave. Also stated in the FMLA is that the leave taken would be …show more content…
2) Company X should have given Employee B the promotion offered instead to 33 year old employee on the basis of seniority and higher rated job performance. And finally, 3) Applicant C, who is disabled and wheelchair bound, cannot be denied employment because of a minor accommodation that would need to be made to two elevators within the six floor office. Company X cannot claim “undue hardship” because the company can, in actuality, afford the changes that would need to be made. Each situation was thoroughly reviewed and determined that the facts and the legal application that applied to each situation and to the
Mark J. Fortenberry
May 9, 2015
LIT1 - Task 2
Company X has reported three situations that have occurred that require investigating. Since employment and hiring practices are a part of my duties here at Company X, I have been charged with the investigation into these situations. In the subsequent report, the laws that companies must abide by will be outlined and how these laws affects the outcome in each of these three situations.
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 …show more content…
Under the FMLA, both company and employee must meet the requirements under the law. As an example, Company X must have at least 50 employees, while in reality, the company has over 75 employees. Employee A needs to have worked for Company X for at least 12 months and at least 1250 hours within that 12 months; the employment length for Employee A has been 24 months and met the hourly requirement. The explained situation is that Employee A requested leave because of the birth of twins to the couple and he was needed to help with the initial care of the babies. He was granted this leave because his employment length was over the 12 month minimum. Employee A returned at 11 weeks which is below the required limit of 12 weeks stated in the FMLA. Employee A was re-instated to his previous job and pay, as it was before his leave. But Employee A’s back pay for those 11 weeks of leave was denied. Under the FMLA, the company was obligated to grant him leave and return him to his former job and pay at the end of that leave. Also stated in the FMLA is that the leave taken would be …show more content…
2) Company X should have given Employee B the promotion offered instead to 33 year old employee on the basis of seniority and higher rated job performance. And finally, 3) Applicant C, who is disabled and wheelchair bound, cannot be denied employment because of a minor accommodation that would need to be made to two elevators within the six floor office. Company X cannot claim “undue hardship” because the company can, in actuality, afford the changes that would need to be made. Each situation was thoroughly reviewed and determined that the facts and the legal application that applied to each situation and to the