Family Medical Leave Act Case Study

Decent Essays
Situation A: Family Medical Leave Act of 1993
The Family Medical Leave Act of 1993 allows protected unpaid leave for specific medical or family reasons while the employee is allowed to keep their health coverage active (United States Department of Labor, n.d.). This law applies to employees that have worked at a company with 50 or more employees for more that 12 months and have worked at least 1,250 hours during the previous year. It allows employees to take up to 12 weeks of unpaid leave for events such as, but not limited to: serious personal illness, to care for a spouse, the birth of a child, adoption, etc. This law does not apply to employees of companies that employ less than 50 employees within 75 miles of the worksite.
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Furthermore, Employee B’s performance review rated their work as “above average” in comparison to their younger co-worker’s performance rating of “adequate” which reinforces the concern of age discrimination.
Situation C: Americans with Disabilities Act of 1990
The Americans with Disabilities Act of 1990 makes it unlawful to discriminate against a qualified disabled individual (The U.S. Equal Employment Opportunity Commission, 2005). Employers are required by law to provide reasonable accommodations to qualified employees or applicants with disabilities unless the employer can prove that the accommodation would be an undue hardship that requires significant difficulty or costs. Job discrimination against people with disabilities is illegal is practiced by employment agencies, labor organizations, private employers, etc.
Applicant C is paralyzed in both legs and must use a wheelchair with no other disabilities noted. Americans with Disabilities Act of 1990 applies to both qualified applicants and employees with
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