Unnecessary Sick Leave Violations

A growing number of states in the United State required a paid leave in addition to the federal regulations; states legislation requires employees to maintain their employment within certain time frame employment in order to accrue the sick leave hours. Additionally, the state’s regulation mandates that employees will not face any retaliation based on their medical condition

In 2013, nearly three million Americans missed work due to illness. That costs the United States economy an estimated $84 billion each year. Even though paid sick days are an enticing benefit, there are many downfalls to this proposal. This one-size-fits-all government mandate does not work for every employee.

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:

All of the provisions of the FMLA were successfully met for this particular employee. FMLA allows 12 weeks of unpaid time off.

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 company is covered under the Family Medical Leave Act of 1993. The employee was eligible for unpaid leave, gave notice, and was granted unpaid time off. The employee was reinstated to the same position upon return to work with the same salary.THE COMPANY DID NOT VIOLATE THE FAMILY MEDICAL LEAVE ACT OF 1993.

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”.

Some history on the case, Francis started working with Elsevier in 1991. The role of his employment was that of a production assistant. After a while, he was rehired after a company restructuring in which his new position was that of an associate database publishing editor. The main problem of the case concerns his wife's condition, amytrophic lateral sclerosis. Due to her condition he considered his potential rights under the Family Leave Act with a human resources representative from the company. A boss change led to him being interviewed with a new supervisor where he discussed his wife's condition. Shortly after he was dismissed. "Randall Francin had worked at Mosby, Inc., for twelve years before his wife was diagnosed with amyotrophic lateral sclerosis (LouGehrig's disease). "(Cross & Miller, 540) I believe if Francin's wife's condition was not discussed his performance would not have come into question. From the evidence presented especially after the appeal, I believe he was unlawfully terminated considering the close timing of his dismissal after it was known of his wife's condition.

Superior’s current policy of seven vacation days and five sick days a year for the employees is not ideal for emergencies and for an unscheduled occurrence that may require the employee to take a day off. The policy, as written right now, does not give Joan Jackson enough time to properly staff the areas when an employee calls the morning of shift and states he/ she cannot make it to work today. Right now, employees are using sick days to whatever his/ her need is that day, which is more than likely not in regards to the employee being sick. When an employee calls off the morning of work, without any prior knowledge, it will affect the entire company and will make it hard to cover that shift. Also, if more than one employee of that same

If FMLA leave is being taken for the employee’s own or an eligible family member’s serious health condition, or to care for the serious injury or illness of a covered servicemember, the employee must exhaust sick leave balances first, regardless of whether leave is used consecutively, intermittently or on a reduced schedule. The employee will then be required to exhaust vacation leave and compensatory time balances. After the employee has used all paid leave balances, he/she will be placed in a leave without pay status.

There are many different types of qualified leave under the FMLA law. Employees can use family medical leave for the following reasons. The birth of a son or daughter, the placement of a fostered or adopted son or daughter with the employee. To care for a spouse, son, daughter or parent of the employee if they have a serious medical condition that requires doctors care. For the employee if they have a serious medical condition that prevents them from performing their position, and lastly if because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed

All DEO Veteran employees are entitled and encouraged to use of code 0075, Administrative leave with pay for up to 48 hours per calendar year for an employee scheduled by the United States Department of Veterans Affairs to be reexamined or treated for a service connected disability.

At the start of 2012 the company introduced a “no sick benefit” i.e. if an agent has no sickness from January – June they gain 1 extra day of holiday and if there is no sickness from July – December then a further 1 day of holiday is granted. This could be a reason for the general improvement.

28 days holiday (paid) for full time employees (part-time employees would receive this on a pro rata basis);

-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)