Christie, in general, is correct. In the first place, the family leave she took, I presume has been duly approved by the management or else she would have been AWOL. The promotion can be contested since the replacement happened during Christie’s leave and without notice since apparently, Christie was shocked by the whole takeover. Moreover, there is always a case-to-case basis on Human resources management and the interior motive hasn’t been established in this narration.
For the purpose of exploring, though, the most concerned law on this matter, I would say Christie Wesley is still legitimately the Department Manager even with the appointment of Kurt Walker during the former’s Family leave. I would take privilege to presume, as well, that Christie hasn’t been informed of the said decision and that she knew only upon her return.
According to the Family and Medical Leave Act (FMLA) of the United States of America, duly enforced by the Department of Labor, employees can have up to 12 weeks of unpaid, job-protected leave per year. 1 The Act’s main intention is to support human resources in maintaining balance to both their work and familial responsibilities through the permission of reasonable unpaid leave for certain family and medical reasons.
The following are valid grounds for employees to take privilege of up to 12 weeks of leave as provided in the FMLA: (1) his/her newborn child’s birth and care; (2) placement of a child for adoption/ foster care under his/her care; (3) provision of care and to tend to an immediate family member (spouse, child, or parent) with a serious health condition;1 and, (4) medical leave1 when he/she is incapable of work due to a serious medical condition.
Work-time taken off due to complications of pregnancy can be counted against the 12 weeks of family and medical leave. 1 FMLA pertains to every public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. 1 Another thing to note though on the FMLA is that human resources are only eligible for Family and Medical Leave if they have been under the employ for at least 12 months, at least 1,250 hours over the past 12 months, and at a location where the company employs 50 or more employees within 75 miles.
1 The clause discussed in the previous paragraph is the particular inclusion I would want to note on Christie Wesley’s case. She can contest and easily win the legalities if all of the instances are true upon the moment of the take-over, however, if not, then it’s another talk. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.
The management’s decision to replace Christie’s post during her family leave may have been motivated by some valid reasoning everything could have flowed nicely if it was done upon her return. What they could have done, was to make Kurt be the temporary department manager and decide things over when Christie returns. FMLA does not only concern employee benefits but also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.
1 Hence, the definition and implementing rules implied by this act both protect the employee as well as the employer for in cases like Christie’s they can always seek the help of the Office of Personnel Management (OPM) under the US Department of Labor. 2. Patricia’s case is governed by the Americans with Disabilities Act (ADA). Apparently, she is not discriminated on the grounds of age as may also be presented in the situation but the job has been given to another qualified individual due to the fact that she is a Cancer survivor and future therapies are expected to be undergone.
Hence, on the grounds of financial risks her health condition will entail, her application for the job has been turned down despite her flying-color experience. In the context of ADA, disability means (1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (2) a record of such an impairment; or (3) being regarded as having such impairment. As promulgated in the said act, which is put into enforcement by the U. S.
Equal Employment Opportunity Commission (EEOC), cancer becomes a disability it when it or its side effects substantially limit(s) one or more of a person's major life activities. Though many questions arise as to it being a disability when cured at an early stage, Cancer still may lead towards incidences of further permanent ailments which can be disabilities, even when it itself does not substantially limit any major life activity. Thus, Cancer at any stage is considered a disability.
Patricia Krakowski’s is a perfect candidate to the Americans with Disabilities Act of 1990 and her having cancer before has been a vital consideration in her recent application for a High School history teacher position with the Monroe Township Academy. We may see discrimination here but as we look deeper into ADA of 1990, we will discover that it is not discrimination at all. First, we consider the point the management of Monroe Township Academy considered looking into the cancer condition of Patricia Krakowski.
The cancerous kidney had been removed and all that’s left is dialysis for further healing. At this point, the management feared that if they hire her, the Academy would pay for the dialysis Patricia would undergo hence increasing the recent health costs the institution has. Hence, they tagged her as a potential financial risk they did not want to take despite her superior credentials. Now we look into the provisions of ADA on cases such as Patricia’s. We will come across with the definition of Undue hardship as defined in the following quoted from ADA of 1990:
TITLE 42, CHAPTER 126, SUB-CHAPTER I, Sec. 12111, Item 10. 2 The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors as follows: (i) the nature and cost of the accommodation needed under this chapter; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
This provision guides and protects employers and their decisions to REFUSE applicants like Patricia who well deserves the position but will pose a threat to the tight operating budget of the Academy. The justification provided by the Academy to justify the hiring of a qualified young applicant over Patricia’s superb credentials is lawful on the grounds that the Academy is on a tight budget and hiring Patricia Krakowski will cause the health care expenses of the school to increase which is as of the present budget not feasible.