Facts of Situation A as it pertains to the Family and Medical Leave Act of 1993 (FMLA).
Employee A has been employed for over 1 year
Employee A was on extended leave due to the birth of a child
Company X has more than 50 employees
New Manager agrees to return Employee A to previous job and pay, denying pay for time off
The FMLA states that an employee can be on extended leave up to 12 weeks without pay as long as certain provisions are met. In reviewing the facts of this situation, there are additional questions that must be answered in order to definitely determine if a violation of FMLA exists.
As the previous manager has left the company, records will need to be reviewed to insure that the employee was given the proper notice concerning his rights under FMLA as required by law. Are the rules for FMLA posted in the office where Employee A worked? Did the former manager properly notify Employee A that the leave was going to be designated as FMLA leave within the required five business days? If these provisions were met and can be documented, then the leave can be classified as FMLA leave and no violation exists.
Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967
Employee B is over 40 years of age.
Employee B has been with the company for 42 years.
Employee B received an “above average” rating on their last performance review
A younger employee, who received an “adequate” rating, was given the promotion. According to the ADEA, employers may not discriminate against employees over 40 years of age. In this situation, the employee that was 42 years of age was given an
“above average” rating on their last review; however, a younger employee was promoted even though they received an “adequate” rating on their last review. The situation states that the older employee was passed over for the promotion due to age. This is a clear violation of the ADEA requirement as
References: The Age Discrimination in Employment Act of 1967. (1967). Retrieved June 13, 2013, from http://www.eeoc.gov/laws/statutes/adea.cfm