Employee Safety, Health, and Welfare Law Paper

| An employer must provide an employee with his rights under the FMLA and is required to reinstate an eligible employee to the same or similarly equal job with the same benefits and salary upon return.

The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered

of the original injury. This can be a problem when the employee takes FMLA leave "intermittently," to receive rehabilitative services or other treatments. It is essential that front line supervisors be made aware of the basic provisions of these laws to head off misunderstandings. Supervisor training is especially important since and employee is not required to make a specific request for FMLA leave in order to be protected. A uniform policy and supervisory training should help prepare an employer to handle these complex issues. The employer's ethical responsibility is to post notices of employee rights and responsibilities under the FMLA. Also include an FMLA policy in existing employee handbooks or otherwise distribute such a policy, and must notify employees of their rights and responsibilities under the Act when a request for FMLA leave has been made. Those in favor of a national standard for family leave have argued

During the time leading up to the passing of the FMLA, Congress came to the realization that there were many people dealing with family crises who were finding themselves jobless after taking off time to look after a sick relative or in order to return to a normal state of health themselves (Albiston, p. 3). The intentions of passing FMLA by Congress were to grant employees an attainable work-family balance, giving them some peace of mind when it comes to remaining employed all while having the ability focusing on familial matters (Albiston, p. 3).

To receive the FMLA leave, employees must give a 30-day notice beforehand. If the leave is not expected they must give the notice as soon as possible. Employees must give a written/medical confirmation for the fixed time off so it can be considered under FMLA leave. In accordance with the law, employers/human resource can request other information for proof to support your request. Employers cannot deny the request for leave if it correctly applies with the FMLA

The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the

1). The use of FMLA cannot have a negative impact on the staff’s performance evaluation or possible promotional positions. The performance evaluation should be based on the time the employee was actually at work and if they meet their performance expectations (Mayhew, 2015)

     On August 5, 1993, the Family and Medical Leave Act became effective for most of the employers and employees covered by the act. The FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons, including serious health conditions that prevent the employee from working. Not only has the FMLA evolved over the years, but also the current application in the workplace environment is very complex for the employee as well as the employer.

Employee A has requested to return to work after using 11 weeks of the allowable 12 weeks of FMLA.

on leave. FMLA was enacted in 1933 as a way to offer qualified employees up to 12

In a even the employee does not provide advance written notice for FMLA Leave, Mr. Shine will

Diane Loebell, a Divisional Deputy City Solicitor in the Labor & Employment Division of the City’s Law Department, is the “go-to” person in Law when anyone has a question concerning FMLA. According to Ms. Loebell, out of the 11,795 cases dating back to 1995, which include arbitrations, civil service hearings, state and federal court cases, among others, only 103 referenced FMLA as the reason or part of the reason for the case. Of that number, sixty-seven of them ended favorably to the City. The reason that two-thirds of the cases filed by the plaintiffs failed is that, as Ms. Loebell points out, “the City has a clearly written Civil Service Regulation that applies to all Civil Service

An employer may ask an employee to waive his/her rights or claims under the ADEA either in the

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

Repeatedly, I was treated differently with flextime that was changed or other being allowed to combine flextime and I wasn’t allowed. Despite tuning in my leave request months in advance. After a month of following up my request where retuning denied after I submitted my resignation to personnel, even my request take FMLA which she was aware of but denied stating the opposite. Please see the FMLA leave request signed by Ms. Luster. (see