University of Phoenix Material Employment Laws Chart Complete the chart below using information from the weekly readings and additional research if necessary. Employment Law Description and Requirement of Law Court Case Influential to Establishment of Law Importance of Law Workplace Application Civil Rights Act of 1964 Outlaws discrimination and segregation in public establishments, schools, and federally funded programs. Prohibits employment discrimination based on race, color, religion, gender, or national origin. This also established the EEOC (Equal Employment Opportunity Commission). Lewis v. City of Chicago African American firefighters filed a discrimination suit that tests were biased against …show more content…
If employees use this leave and regular FMLA leave during the year, they are entitled only to 26 wks. Of leave total, and no more than 12 of those weeks may be used for regular FMLA leave with special rules for public and private school employees. Faragher-Ellerth Defense Faragher v. City of Boca Raton (1998) Burlington Industries v. Ellerth (1998) This leave assists those who have an illness or caregivers of an ill family member; such as a parent with cancer and is in hospice. This allows an employee the peace of mind that they will have their position when they come back to work so this does not have to add to the stress of an already stressful situation. Requires that employers allow employees to take time off caregiving, medical, and family needs. Also allows medical leave for care of a new child, recuperate or to care for a family member’s illness. Privacy Act of 1974 Protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. An individual is entitled to access to his or her records and to request correction of these records if applicable. Prohibits disclosure of these records without the written consent of the individual(s) to whom the records pertain unless one of the twelve disclosure exceptions enumerated in the Act applies. Doe v. Chao Protects
Identify relevant legal requirements and procedures covering confidentiality data protection and the disclosure of information.
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
This leave entitles employees to a 12 week unpaid leave within a 12 month period. It is 26 weeks for service men and women and their families. There are several components of this law that pertain to the number of employees, location of employees and the amount of time an employee has at their place of employment. Some employers may require you to use any accrued sick time, personal days or vacation time before the unpaid period
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:
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:
The Family Medical Leave Act was passed in 1993 and updated in 2008 and 2009. The law requires employers with 50 or more employees to allow up to 12 weeks of unpaid leave. The provision of the law would allow employees who have worked for one year and have worked at least 1,250 hours to use the unpaid leave for family or medical reasons (DeCenzo 267). It is important to note that the employee does not have to work for one year of continuous service, any combination of weeks worked that equal to 52 weeks makes and employee eligible for FMLA leave. If the employee has a break of seven years or longer, that time does not have to be counted towards the 52 weeks (United States Dept of Labor, 2017). To count the
Before 1993, there was no family and medical leave legislation in the United States. It was the only major industrialized country without one; and at that time, employers had the legal right to fire employees who needed to take time off to look after seriously ill family members. They could even legally fire women that required time off for pregnancy and childbirth if they were also denying time off for employees who were not pregnant when they were unable to work (Albiston, p. vii).
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
The Family Medical Leave Act, deals with the laws regarding “eligible” employees taking off up to twelve weeks of unpaid leave for their child's birth, adopting a child, taking care of an ill family member, or if they themselves have a serious health condition (Vikesland, 2006). In order to be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for a year and have worked a minimum of 1,250 hours in that year. “The employee also has the right to return to the same or equivalent position, pay, and benefits at the conclusion of their leave” (Vikesland, 2006).
about twelve weeks. Other reasons a twelve week leave is approved or allowed is for a
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
Outline one (1) job interview process, and document the methods that you must use to select the right person for available positions. Determine two (2) employment laws that you must consider in the process in question, and examine the key ramifications of the organization’s lack of enforcement of said laws.
Maghan, I was privileged enough to see FMLA in action this year without requiring the use of that law myself. This observation occurred when my mother-in-law broke her hip, then broke her wrist, then they had to replace the hip again, so she was not allowed to work for almost four months. However, she did have enough sick time to take over six months off, which didn’t include her vacation time. Those were big perks for her because she lives alone and has does not have another person’s income to rely on when paying for her mortgage, car, and public utilities bill. I do agree with you in that a flexible schedule is a great perk when you have children. They do get sick, and you have to stay home with them, so allowing me to complete work on my
Gramm-Leach-Bliley Act (GLBA) of 1999, Title V, Privacy, Subtitle A, Disclosure of Nonpublic Personal Information, establishes what is commonly known as the Financial Privacy Rule and the Safeguards Rule [20]. The Financial Privacy rule prohibits companies from sharing their customer’s nonpublic personal information with any nonaffiliated third party, without informing the customer and giving them an opportunity to opt-out of the disclosure, except under specific circumstances [21]. The Safeguards Rule directs the establishment of:
The superintendent, directors, principals, clerical staff, and maintenance workers receive ten (10) days vacations. Custodians that are twelve-month employees receive five (5) days paid vacation. Twelve-month employees receive their vacation days at the start of the new fiscal year which begins on July 1st.