A Brief Note On Labor And Employment Law

1310 Words6 Pages
October 19, 2015 Robert W. Morley III Western Governors University Rmorle2@ wgu.edu Student ID 000460094 LIT1 – Task 1 – Labor and Employment Law Situation A Employee A has been employed with Company X for two years. Employee A’s spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. Employee A has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave. The previous department manager left the company during Employee A’s leave. The new manger has agreed to Employee A’s return to the previous job, at the previous rate of pay. But, the manager has denied the request for the 11 weeks of withheld salary. 1. Relevant Facts of Situation A. • Employee A has been employed with Company X for two years. • Employee A has requested FMLA as he and his spouse have given birth to premature twins. • While Employee A was on FMLA, a change in department managers occurred. This change has no bearing on Employee A’s FMLA or his return. • Employee A has requested to return to work after using 11 weeks of the allowable 12 weeks of FMLA. • Employee A is requesting that he be paid for the 11 weeks he was on FMLA. • The department manager has denied Employee A’s request to be paid for the 11 weeks of his FMLA leave period. • Employee A is now appealing this decision. 2. How does the Act Apply to This Situation? • The FMLA Act requires that an employee

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