ADAAA Case Study

The problem(s) or issue(s) at the core of the case: Kenneth Jorgenson had been an Automotive Mechanic II with the Equipment Services Department of Maricopa County in Arizona since July 1, 1999. About three years later on May 16, 2003 Ken Jorgenson became injured job as he lifted a battery out of a box for Kenneth Jorgenson things at work became complicated. On June 27, Jorgenson underwent surgery and was in hospitalized eight days; he subsequently returned to work on light-duty status on November 11, 2003. For a while, things seems to be all right however, about one year later Jorgenson was reinjured on March 6, 2004. The county moved to terminate Kenneth Jorgenson 's employment in April 2004, but

The Family and Medical Leave Act (FMLA) became public law on February 5, 1993. Its purpose is to grant family and temporary medical leave under certain circumstances that will allow the employee to balance the demands of their job with the needs of their families. Some examples of eligible leave are: for the birth or adoption of a child, to care for an (eligible) family member that has a serious health condition or because the employee themselves have a serious health condition and is unable to work for an extended period of time. Further, the FMLA was enacted in order to minimize employment

You get the phone call in the middle of the night. Your son or daughter has been in a serious accident and is hospitalized in critical condition. After several day’s they come home from the hospital with several broken bones and require your around the clock attention for the next eight to twelve weeks. You just got over a serious medical condition yourself which you acquired while on vacation and do not have any vacation time or sick time to take off. Do you have to quit your job? Can your employer terminate you for taking time off to be with your child? What options do you have? What can your employer do for you? Well, the answer lies in the Family and Medical Leave Act.

A growing number of states in the United State required a paid leave in addition to the federal regulations; states legislation requires employees to maintain their employment within certain time frame employment in order to accrue the sick leave hours. Additionally, the state’s regulation mandates that employees will not face any retaliation based on their medical condition

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).

The FMLA entitles eligible employees the ability to take off up to 12 weeks of unpaid time off within a 12-month period with the benefit of job protection upon returning to the company. The time off is subject to specific criteria that must meet federal guidelines. The website www.dol.gov lists these five leave entitlements.

In 1999 the company United Blood was an employer that violated the Americans with Disabilities Act. This employer terminated 23 employees with disabilities. United Blood has to pay a $650,000 settlement. The ADA forces companies to treat each person individual and not all the same and the united blood company treated everyone the same. The Equal Employment Opportunity Commission claimed that “by following an unbending rule instead of dealing with each employee individually, United Blood violated not only

All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.

| The employee is covered for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. The company is not required to cover any salary not owed or granted to the employee at the time leave is approved.

If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.

There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed

     The Family and Medical Leave Act was enacted by Congress on February 5, 1993, and it is public law 103-3. This law allows for a person to leave work in certain situations without losing his/her job. An eligible employees must have worked for the employer for at least 12 months and at least completed 1250 hours of service. An employee is able to leave work for up to 12 weeks for any of the following reasons: the employee expects a baby in his/her immediate family, the employee expects an adopted child in his/her immediate family, the employee has to take care of an ill family member which includes spouse, parent or his/her own children, and/or the employee has a serious medical

-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)

The most popular form of time off is vacation time, this is typically a time that has to be scheduled off in advance and the time allotted is determined based on employee seniority. The amount of vacation an employee may receive is determined by many factors in the company such as the industry, organization size and locale. Companies tend to offer one to two weeks for employees after they have had a position for one year, and once the position has been held for five or more years the employee will receive an additional allotment of scheduled time off. Paid holidays are nationally observed holidays such as New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas; an employee would normally get this day off with pay or if asked to work would receive additional compensation for working on the holiday. Sick time is for the unexpected time of illness and is generally something that an employee would have to "call out" for, thus notifying their manager that they will not make it to work for that day. Sick time consists of one week or forty hours and can be scattered through out the year. (Bohlander 479) FMLA or Family Medical Leave of Absence is considered an excused absence in the event there is an illness in the family or a health condition with ones self, and the birth of a child. FMLA is something that is doctor approved and an employee obtains a certain amount of hours to use per year. FMLA can be an option that you are not