Monique Suzette Smith
Student I.D. 000308573
E-Mail: msmi179@my.wgu.edu
Western Governors University
LIT1: Task 310.1.5-02, 11, 13
Situation A:
In this given situation the Employee’s FMLA right was satisfied when he was granted the leave. The Employee met all requirements to be granted leave because he was with a company that had over 50 employees for over 2 years. The 2 years that customer worked satisfied the requirement of working a total of 12 months before leave can be granted. Also, since the Employee’s leave was for birth care that was a valid reason for asking for the leave.
Situation A Violation:
All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.
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My reason for saying that is there is really no indication as to how qualified the applicant was for the actual job. A question that immediately came in to my mind was if the applicant was a good fit for the job? If she did not need the modifications in the office would she be hired? Were there more qualified applicants? I know this scenario was put in place to display and make us students analyze the Americans with Disabilities Act of 1990 but personally just because you have a disability does not mean you should be granted a job and vice versa. Honestly this is a very broad scenario that focuses on the handicap and not the actual talents of the person.
Situation C: Violation
Unfortunately, this company has violated the Americans with Disabilities Act of 1990 due to the fact that they advised the applicant that they could not make the necessary adjustments to accommodate her needs. The American with Disabilities Act of 1990 does require that companies make necessary adjustments to accommodate the needs of qualified applicants. The key words to me are qualified applicants. They did use the words undue hardship in their response for denial but they would have to prove that modifying 2 elevators is actually a hardship to their company. Now, if they can prove that there may be no violation but the proof of burden is on them. Also, they may also say that the applicant is
| The manager followed the guidelines set by the Family Medical Leave Act of 1993. Paid leave was not granted at the time notice of eligibility was given by the previous manager, and the company is not required to cover the unpaid time.
An employee took time off due to his wife giving birth prematurely. His requested time off was approved by his original manager as the employee qualified for FMLA since he has been with the company for two years and was for the care of his spouse. Under (1)”FMLA rules certain employees can be provided up to 12 weeks unpaid, job-protected leave per year. The employee must work for the company at least 12 months, have at least 1250 hours during the 12 months and the where the employee work, the company must employ at least 50 employees within 75 miles”.
Kalamazoo County Road Commission (2015), the plaintiff Terry Tilly alleged that the Kalamazoo County Road Commission violated his right to take medical leave provided by the Family and Medical Leave Act. The KCRC’s personnel manual, which definitively advises that the manual serves “a basic guide to basic benefits, working conditions and policies” in part states that, “Employees covered under the Family and Medical Leave Act are full-time employees who have worked for the Road Commission and accumulated 1,250 work hours in the previous 12 months.” There are several statutes that specify a minimum employer size in term of the number of employees in the roster (Walsh, 2013, p. 10). Under section 2611 of the Family and Medical Leave Act of 1993, an employee who works for a company that does not meet the FMLA 50/75-Employee Threshold is not eligible for FMLA (2010). The trial court, therefore, ruled in favor of the Kalamazoo County Road Commission, dismissing Mr. Tilley’s FMLA claim. However, the Court of Appeals would later overturn the dismissal of the case. Although the employer did not meet the FMLA 50/75-Employee Threshold, making Mr. Tilley an ineligible employee under the FMLA, the company’s employee handbook misrepresented his eligibility to apply for FMLA benefits. The manual failed to mention the FMLA 50/75-Employee Threshold, so Mr. Tilley was in fact protected under the FMLA
The company in which employee A works for is considered a covered employer because the company employs more than fifty employees for which is assumed for more than twenty weeks each year. Employee A has worked for the covered employer for two years, which makes him a covered employee based on the given information. Employee A was not required to give advanced notice due to the unforeseen circumstances of the premature birth. Upon employee A’s return, he was given his original job back along with the same rate of pay. Since employee A took leave under the FMLA, his leave is considered unpaid and the eleven weeks of pay are not required to be given to the employee. In the case of employee A, no violation has been committed.
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 Americans with Disabilities Act of 1990 established a standard to “public accommodations” requiring businesses to make “reasonable modifications” to the usual
“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity
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:
Employee A meets the requirements for coverage under the FMLA. He has worked for the company for 2 years, which fulfills the minimum requirement of 1250 hours on the job. The birth of a child is specifically provisioned for and the premature nature of the birth excludes him from the requirement of providing 30 days’ notice. Upon return he was given his original position at the same rate of pay, which fulfills the obligation of the employer per the FLMA. Employee A asked for his leave to be paid retroactively, but as this is not a requirement in the FMLA the request was appropriately denied. Nothing was mentioned either for or against the employee using his paid time off for the leave.
FMLA leave is not considered a qualifying event under Cobra. A Cobra qualifying event can occur in an instance when an employer’s obligation to maintain health benefits under FMLA cease. An example of this is when an employee has intent of not returning to work. Further information can be provided by going to your nearest Wage and Hour Office or through the telephone directory under U.S Government and U.S. Department of Labor (Frequently Asked Questions Cobra Continuation Health Coverage).
The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.
According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.
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
People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,
be protected by the A.D.A. this person must have a long standing record of this