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  • Essay / The Family and Medical Leave Act of 1993 (FMLA)

    Situation A. The Family Medical Leave Act addresses laws regarding "eligible" employees taking up to twelve weeks of unpaid leave for the birth of their child, adopting a child, caring for a sick family member or if they themselves suffer from a serious health problem (Vikesland, 2006). To be considered an eligible employee, you must work for a company that employs at least fifty people, have worked there for one year, and have worked at least 1,250 hours that year. “The employee also has the right to return to the same or equivalent position, salary and benefits at the end of their leave” (Vikesland, 2006). The Family Medical Leave Act is not only intended to protect employees and look out for their interests, but it is also to protect employers. If the employer is a public corporation, it “is required to provide FMLA regardless of the number of employees employed” (Vikesland, 2006). The employer may ask to see some sort of proof for an employee needing FMLA leave, such as something from a doctor, and may even halt an employee's leave until such proof is given to the employer . This is a way for an employer to ensure that leave is granted for a good reason and that an employee is not taking advantage of the company. However, if the company is a private company and has fewer than fifty employees while one of them is on FMLA leave, "leave has been granted... [and] the employer cannot not modify the leave” (Vikesland, 2006). A was already granted FMLA leave to care for his wife and newborn, so the question is not whether he was an eligible employee. The new manager is not trying to retain employee A's position, nor the same salary as previously paid, but the issue is...... middle of paper ...... without moving the keypads of two of the elevator cars, according to the detailed situation, there is no need to move the keypads. This way, the candidate has many opportunities to do the job without causing too much difficulty for the company. There was clearly a violation of the ADA by telling the candidate that this would cause difficulty hiring them. References: Equal Employment Opportunity Commission. (2005). The ADA: Your Employment Rights as a Disabled Person. Retrieved October 4, 2011 from http://www.eeoc.gov/facts/ada18.htmlVikesland, Gary. (2006). The law on family and medical leave: “Reconciling work and family”. Accessed October 4, 2011, from http://www.employer-employee.com/fmla.htmlEqual Employment Opportunity Commission. Facts about age discrimination. Retrieved October 4, 2011 from http://www.eeoc.gov/facts/age.html