Lit1 Task 1 Essay

The FMLA benefits the employer by allowing him or her to excuse his employees for medical conditions or family issues. This benefits both the employer and employee in allowing them to both know that their can be a balance between the workplace and family life. (dol.gov)

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).

Lau, T., & Johnson, L. (2013). The legal and ethical environment of business. (1st ed., p. 11.2-11.5).

The area of law to be discussed would be implied 'terms of a contract which are not agreed by the parties.' They are terms which are related to 'contingencies which might affect the contract of employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.' There are five conditions by which a contract would be satisfied before a term would be implied. They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if

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:

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”.

The FMLA or The Family and Medical Leave Act allows eligible employees who work for companies that the Act applies to take unpaid, job-protected leave for family and or medical reasons. As stated on US Department of Labor’s website (2015), a covered employer must have 50 or more employees in 20 or more work weeks in the current or preceding calendar year, including a joint employer or successor in interest to a covered employer. It may also be a public agency which includes local, state or Federal agencies, regardless of the number of employees that it employs. Eligible employees work for a covered

 Time off is also allowed for childbirth, adoption, and to care for a sick child or family member.

     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

An employee on FMLA leave is entitled to health benefits maintained while on leave as if the employee had continued to work instead of taking the leave. Since Congress passed the Family Medical Leave Act in (1193), it has been estimated that between twelve and twenty million workers have made good use of the right.

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Some issues with FMLA include employee abuse and employer mishandling of its policies. Employees sometimes tend to misuse the benefits of FMLA. They take time off when it really does not warrant use of FMLA benefits. Employees use FMLA to take vacation days and not days due to the reason behind their FMLA claim. Another issue with FMLA is that employers do not follow proper FMLA protocols. Mangers can discourage workers from taking leave or request prohibited medical information or sometimes provide FMLA in situations where FMLA does not come into play. For all these reasons,

Employee A has worked for the company for over two years and was granted FMLA coverage during an 11 week unpaid leave due to the birth of his premature twins. He has requested to end his leave and come back to work. The employee has also requested paid compensation for the 11 weeks in which he was on leave. His request to be reinstated and his original rate of pay have been approved, but the request for back pay has been denied.

Since you will run out of FMLA time on July 15, and it appears that you will not be ready to return to work, the firm will grant you an extended leave. The leave is at the firm’s discretion and not covered under the FMLA. Please check in every 4 weeks and give me an estimate on your date of return. The firm will take that into consideration along with the possible hardship to the firm, to determine how long we can continue the extension. Please note that although the 12 month FMLA rolling period may start again in the next several weeks, you will also need to meet the requirement of working 1250 hours in the 12 months prior. You leave extension may affect the date that you

Having any type of sympathy or empathy for an employee may be shown, but it will not be done in a high regard. Being able to separate business from personal feelings has been known to be indicative of a highly successful organization. On the other hand, if an employer shows that they have some type of heart when it comes to the concerns of their employees, they will have a lower turnover than other organizations because employees will want to keep their jobs. Employment is still low but there are those that will leave a job because of situations like these. The Nelson case shows that employers cannot be so quick to terminate an employee simply because they request to use FMLA leave. This is also a lesson for employees to learn from. If they are experiencing some issues, whether they are business related or personal related, it should be communicated to their employer

Many of these different employment laws interested me, however, the Family and Medical Leave Act caught my eye. This is because I have a family member who just recently birthed a child. She received the required amount of 12 weeks of maternity leave, as well as being granted an extra 6 weeks additionally. So this kind of law made sense for me. Now just a little background on this employment law, it was enacted in 1993 by President Bill Clinton. The Family and Medical Leave Act of 1993 allows employees who have worked for a company for 1 year or more to apply for a period of unpaid leave with no fear of losing their job. The law can be beneficial to an employee whose family member has become ill, or they are needed to take care of a newborn