Labor and Employment Law Essay

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Labor and Employment Law

WORKPLACE SITUATIONS

Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).

The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013). If Employee A does not accrued leave, he can use his FMLA leave as unpaid time. If he has accrued leave, he may use it or his employer may require him to use it. Using his paid leave will decrease his allotment under FMLA days. If he exhausts his paid leave and needs to opt for unpaid time, his employer can only retain his job as long as he qualifies under FMLA. When he exhausts the 12-week allotment and he passes on to unpaid time, the employer will exercise his legal rights to let the employee go (WHD).

The birth of premature twins of Employee A's spouse is a qualified reason for the leave under FMLA (WHD, 2013). He now seeks to return to work and his withheld salary paid. The new manager takes him back but refuses to pay his withheld salary for the 11 weeks of leave. As a male who is covered by FMLA for the care of newborn children, Employee A has 12 weeks of leave.

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The law provides that his sick leave shall apply to the first 8 weeks of absence. Then his vacation leave shall apply to the remaining 3 weeks. The new manager decided correctly in denying the employee's request for his withheld salary for the 11 weeks of absence.

Situation B - The Age Discrimination in Employment Act of 1967 or ADEA applies to the case of Employee B. ADEA is among the earliest workplace discrimination legislations, meant for older workers (SHRM, 2013). It was enacted only fours year before the Equal Pay Act of 1963. It protects employers aged 40 and over from age discrimination. It prohibits employers from making decisions on hiring, firing, promotions, pay and training on the basis of age. The enforcing agency of this Act is the Equal Employment Opportunity Commission. Companies, in general, are prohibited from stating an age preference in their job advertisements. While they may ask for an applicant's or an employee's date of birth, they will be monitored or investigated if a charge of age discrimination is filed against them later on. Companies are reluctant to hire older applicants because of benefits that accrue to employment. Health problems are more frequent among workers over 40. The law, thus, allows companies to reduce benefits they give older employees. These benefits should, however, cost as much as those given younger employees (SHRM).

ADEA prohibits employers from refusing to hire or discharge a person or discriminate against him or her regarding compensation, terms, conditions or privileges of employment on account of age (SHRM, 2013). They are also prohibited from limiting, separating or classifying employees in any way by which he or she may be deprived of employment opportunities on account of age. And they cannot reduce the wage rate of such employees for the same reason (SHRM).

Employee B. is 68 years old.....

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