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Paid Family Leave Act

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Brief explanation of Family and Medical Leave Act(FMLA)
The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. http://www.dol.gov/whd/fmla/
In 2002, California became the first state in the United States to create the Paid Family Leave (PFL) program – a family leave insurance program that provides income replacement to eligible workers for family caregiving or bonding with a new child and this program went into effect on July 1, 2004. http://paidfamilyleave.org/ask-us/what-is-paid-family-leave

Brief explanation of Americans with Disabilities Act(ADA) …show more content…

Guinn has a legal right to apply for them. However there is a requirement that employees who want to take family leave must give 30 days’ advanced notice, or If leave is foreseeable less than 30 days in advance, the employee must provide notice as soon as practicable. Otherwise, absent usual circumstances, employees must comply with the employer’s usual and customary policy. (United States Department of …show more content…

In this case, Mr. Guinn has already exceeded the acceptable number of late days and in fact the other employee have been fired for fewer times of tardiness. So, he must be fired, too. Now, his manager, Ms. Hu, knows that he is in a serious situation which is his wife has cancer and he is the primary caregiver. However, the point is when his tardiness and absence happened, those were unexcused.

I have 4 things that I would suggest Ms. Hu and her Boss to do.
First thing is tell Mr. Guinn to apply for Family Leave as soon as possible because he does need the leave for his wife, in addition to that, if this case is happening in California, he also can apply for Paid Family leave.

Secondly, consider if it’s possible to use his paid leave for previous absent and tardiness to make his total number of them less than acceptable number or not. He has been working for this company for 9 years, so I think he has right to take paid leave. If they can do that, they don't need to be worried about equality, but they need to check his wife’s medical document to refer the date.

Next one is posting the FMLA notice. They have to do this and make sure every employee understands that they have right to take leave under eligible

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