Family and Medical Leave: A Case Study

Parents who lose wages while they take time off are protected by the Paid Family Leave Act (PFL), as California provides income replacement in order for them to bond with their newborn or newly adopted child. PFL offers six weeks of partial pay in order to care for the child, financially. According to website, paidfamilyleave.org the partial pay is 55 percent of the worker’s usual salary. PFL does not guarantee job protection as the parent has to qualify for the California Family Rights Act. In the article 10 Things You Need to Know About Maternity Leave in the US, it states, “According to the Bureau of Labor Statistics, only 12 percent of Americans have access to the paid parental leave, which is considered a benefit by employers,” demonstrating that only certain employees receive paid parental leave as

After careful consideration, June monthly sit-downs will be scheduled sometime in early July. Rather than conduct the sit-downs before the start of my annual leave, I decided to solicit feedback from various sources regarding your performance, then apply it to your monthly rating. This, I find to be in the best interest of fairness; me, taking personal leave should not preclude you from earning the highest performance rating applicable.

4112.02, as sex discrimination under R.C. 4112.01(B). An opinion of whether they thought this discrimination did fall in that range was included in Judge O’Connor’s judgment.

Jennifer alleges that she was terminated because of her pregnancy. She neglects the fact that Greene’s discharged her because her position, junior executive secretary, is redundant to the company. It is transparently that Jennifer is a member of protected class and was dismissed. Yet Greene’s did not violate The Pregnancy Discrimination Act (PDA) under Title VII. According to Title VII 42 U.S.C. § 2000e-2(a), it is an unlawful employment practice if an employer discharges any individual because of such individual 's race,

Soon after McDowell was hired, he was terminated without any warning and was told it would become effective within two days. During this time, McDowells’ wife was battling breast cancer, so as you would imagine, his main concern was if

In the Echazabal v. Chevron U.S.A., Inc, Mario Echazabal worked for independent contractors at an oil refinery owned by Chevron U.S.A. Inc. He later applied for a job directly with Chevron, the company's physical examination revealed he had a liver condition, the cause identified as Hepatitis C. The doctors provided by Chevron told him that the condition would get worse by continued exposure to toxins at the refinery. As a response to Chevron's request that the refinery either reassigned him or laid him off. The contractor employing him laid him off. Echazabal filed suit, claiming that Chevron's action violated the Americans with Disabilities Act of 1990

Further study of the case revealed that the issue with the court case involves the type of criminal intent required, was it in whole or the part intention to breach the anti-kickback statue by entering into an agreement with the doctors? Another concern was did Mr. McClatchey breach the anti-kickback statute? It is my understanding that Mr. McClatchey believes the jury was presented inappropriate instruction on the rule and requested for a clemency which was given. However, the United States government is appealing the court case.

The title of the case selected is “Yesterday’s Pub & Grille Sued by EEOC for Disability Discrimination”. The case was reported in the EEOC press release section on February 11th, 2016. According to the press release, Sappyann, Inc., which operates Yesterday’s Pub & Grill restaurant violated federal law by discriminating against an employee (“Yesterday’s Pub,” 2016). The restaurant refused to hire him due to his HIV positive status. As a result, the U.S. Equal Employment Opportunity Commission (EEOC) charged a lawsuit against the company.

Pregnancy and early child development is a fundamental aspect of human society, and is pertinent to the development of a successfully functioning community. The developmental and social progress of any civilization relies on children, as they will compose the future working population. Therefore, a mother or father’s involvement in the child’s development is of extreme importance, which is why family leave has been implemented all over the world. Family leave refers to the period of time granted to the employee to care for their newborn child. As communities evolve economically, financial stability is necessary, for what is perceived to be socially successful for a child’s development, which is why paid family leave is popular throughout the world’s nations. However, ABC News reports that “the U.S. is only one of three countries in the world that don't offer paid maternity leave” (Kim, 2015); the same is true for paternity leave. The United States government has an interesting track record dealing with family leave, but in order to analyze what the US government and advocacy groups have done to solve this issue, there first needs to be an understanding on why this issue is so difficult to resolve. The arguments that support and oppose paid family leave in the United States are equally valid, therefore causing a stalemate in the attempted policy making of legislative bodies.

The issue I decided to use was my Toulmin essay. I wrote about maternity leave in the United States. My claim for this essay was that maternity leave laws should be reevaluated so that mothers receive paid maternity leave and that the law should be reevaluated. An example of how I proved this claim is with the information I found about the Family and Medical Leave Act. “In 1993 President Bill Clinton signed into law the Family and Medical Leave Act (FMLA) (Rossin, 221). The FMLA affected women greatly, this federal law approved unpaid maternity leave for all women, regardless of what state they lived in.” Like the reading in the lesson said I would write down a list of arguments based on maternity leave and find any claims or desires

The lack of a paid parental leave law in the country does not necessarily mean that it is absent in the U.S. labor market. Some generous and more progressive companies do recognize the importance of the leave to employees and do offer it. According to the Employee Benefits Survey of 2015, 21% of employers nationally offer some paid maternity leave while 17% offer some paid paternity/adoption leave. However, about a fifth don’t have any kind of protected maternity, paternity, or adoptive leave. (Ray, 8; Time, n. pag.)

The movie Philadelphia (1993) involves a legal issue of a homosexual attorney, Andrew Beckett whom was wrongful terminated and fired for discrimination of his illness of AIDS. Mr. Beckett whom also concealed his homosexuality and illness from his partners, was an attorney for Wyatt-Wheeler law firm. Mr. Beckett files a civil lawsuit, suing Wyatt-Wheeler law firm for wrongful dismissal that he was not fired due to incompetence of misplacing an important complaint, but that he was fired due to discrimination of his illness, after his former employer found out he had AIDS. This case involves The Americans with Disabilities Act, The ADA forbids an employer from discriminating against any person with a disability with regard to hiring or discharging

Possible reasons for extended leave by an Indigenous person could result from ‘sorry business’. This is a term used by Aboriginal and Torres Strait Islanders to refer to a death in the family or community and the funeral ceremonies and mourning process. Sorry business includes attending funerals, taking part in community mourning activities and may include travelling for extended periods or time or over vast distances (CSU 1999). Sorry business is extremely important for Indigenous people to participate in and support and care for family will take priority over professional or work commitments. As the director of a care service, management should be aware of possible cases of extended leave with Indigenous people. To avoid the issue happening

The main issue was whether McKee was an employee thus entitled to damages for wrongful dismissal or an independent contractor. The court held that McKee was an employee of Reirds Heritage Homes and not an independent contractor. The judge was concerned with the degree of the relationship between an employer and an employee. The main area of duties for Reids Heritage Homes was to sell houses and McKee totally engaged herself in this. Therefore, the Court concluded that McKee was an employee of Reirds Heritage Homes and was entitled to notice of employment termination and damages thereof.

Access to paid leave is often identified as an issue that primarily concerns working mothers, yet paid leave is also critically important for working fathers. In a society that continues to evolve, it is even more imperative to address this unequal access with an increasing number of fathers who are serving as stay at home parents (International Labor Organization, 2014). Legislation that supports fathers having the support they need to prioritize family responsibilities can significantly increase the personal and economic well-being of their growing families (United States Department of Labor, 2015). Despite these advantages, the growing importance of paternal involvement with their newborns is not always supported in today’s society. The economic and social barriers fathers face may hinder them from taking paternity leave altogether, such as inadequate access to paid leave and outdated cultural norms about male breadwinners. According to survey data, most fathers in the United States only take one day of leave time for every month the typical mother takes (Harrington et al., 2014). This means that even in the twenty-first century, it appears to be more widely accepted for mothers to take off time from work to care for their families than fathers. Fewer than half the countries in the world provide men with access to paid leave to care for a new child, while virtually all provide paid maternity leave (ILO, 2014). Paid paternity leave and laws related to promote