The Family and Medical Leave Act (FMLA) of 1993 provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires the employee’s group health benefits be maintained during the leave (Family & Medical, n.d.). For a company to be able to provide FMLA to its employees, the company must have at least 50 employees for at least 20 weeks of the calendar year.
Company X has enough employees to offer FMLA because it currently has over 75 employees. In order for an employee to be eligible for FMLA, the employee must meet certain qualifications. The first qualification is that he/she must have worked for this particular employer for at least 12 months. Second, they must have worked at least 1, 250 hours during the 12 months prior to being approved for FMLA. For certain positions the hours worked are lower, for example, pilots and flight attendants must work at least 504 hours a year and at least 60 percent of the employer’s full-time schedule-called a monthly guarantee-or the equivalent in the 12 months preceding the leave (Labor & Employment Law, May 22, 2008).
Because this person was already on leave when requesting to come back, it can only be assumed that this employee met the requirements prior to going on leave. The company must allow eligible employees to take up to 12 weeks of unpaid leave each 12 month period for an approved qualified reason. The reasons include: your own serious illness, for the care of an immediate family member (spouse, child, or parent-but not a parent “in-law”) with a serious health condition, for the placement of a child for adoption or foster care with the employee, and to care for the newly placed child, or for the birth of a son or daughter and to care for the newborn child (Wage and Hour Division, n.d.). FMLA can also be taken as military caregiver leave for the care of a servicemember or qualifying exigency leave.
This employee was on leave for 11 weeks of uninterrupted leave, for the birth of his twins. In conclusion, the company did not violate the Family Medical Leave Act. The employee was told by the previous manager that he would be paid the withheld salary for his leave, however, that does not fall within the laws of FMLA. The manager agreed to restore the employee to the same position and rate of pay upon return to work, which is within the act. There isn’t any supporting documentation that indicates that he had the conversation regarding his withheld salary with the previous department manager. Therefore, the denied request for the withheld salary is substantiated.
Situation B The first law that prohibited employers from discriminating against someone was the Civil Rights Act, which was passed by Congress in 1964. This act, however, did not include discrimination against age. Congress rectified this oversight in 1967 with the Age Discrimination in Employment Act (The History of the Age, n.d.). The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against people who are over the age of forty (40). For the ADEA to apply, the company must employ more than 20 employees, which Company X has 75 employees. Age discrimination laws were put in place to discourage unfair practices based on age. The ADEA's primary provision forbids discrimination because of age in hiring, placement, promotion, demotion, transfer, termination, and discipline (Age Discrimination, n.d.).
Age discrimination does not take place if both employees fall within the protected class. We have one employee who falls under the ADEA and the younger employee who doesn’t. Position-based age discrimination is when an employee is denied a promotion due to their age (Kitchen, July, 14, 2010). The performance reviews of both employees should have been based on their skills and capacity of each person, not their age. The older employee had a more favorable review to which the younger employee during that same period only acquired an adequate review. The older employee was discriminated against based on age, which is a violation of the Age Discrimination in Employment Act of 1967.
Situation C The Americans with Disabilities Act (ADA) of 1990 addresses five different regulations. Title I refers to access to the workplace. Title II refers to state and local government services. Title III relates to places of public accommodation and commercial facilities. Title IV requires phone companies to provide telecommunication relay services to those people who have hearing or speech impairments, this is Title IV. Title V gives miscellaneous instructions to Federal agencies that enforce the law. Title I is the regulation that applies to this situation.
Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment (Facts About the Americans, n.d.).
This act is to be enforced by any company (private or public) with at least 15 employees. An individuals with a disability is defined as one who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment (Facts About the Americans, n.d.). The applicant requires the use of a wheelchair to move about the company office. This would qualify the applicant to fall in the realm of the ADA. Employers are required to provide reasonable accommodations to anyone with a known physical or mental limitation, due to their disability.
A reasonable accommodation refers to any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential functions (Americans with Disabilities, n.d.). For an employer to meet these requirements, an applicant must reveal to the employer of any disability and its limitations. If a candidate is not qualified to perform mandatory functions of the job, additional accommodation are not required to be met. However, an employer does not have to provide a reasonable accommodation if it imposes an “undue hardship” on the operation of the business.
An “undue hardship” is established when in order to accomplish the task it would be too difficult or an enormous expense to the company. Not only does “undue hardship” refer to the financial aspect of the business, but the reasonable accommodations that are unjustifiably extensive, significant, or disruptive, or those that would essentially modify the nature or operation of the business. It is done on a case-by-case basis. If the reasonable accommodation is going to cause the company an undue hardship, it is the employer’s responsibility to try to make other accommodations so that it would not impose such hardships.
Based on the information, there was a violation of the Americans with Disability Act of 1990. A qualified individual who meets all the requirements of a position and can perform the functions of the position should not be denied employment because of a disability. The ADA requires companies to provide reasonable accommodations so that employees with disabilities will have the same benefits and privileges of employment as those employees without disabilities.
References Family & Medical Leave (n.d.). Retrieved on December 11, 2012 from http://www.dol.gov/dol/topic/benefits-leave/fmla.htm#.UMdpOoPAcfU. Labor & Employment Law (May 22, 2008). Retrieved on December 11, 2012 from http://hr.cch.com/news/employment/052208a.asp. Wage and Hour Division, The Family and Medical Leave Act, (n.d.). Retrieved on December 11, 2012 from http://www.dol.gov/whd/regs/compliance/1421.htm#.UMdy-4PAcfU. The History of the Age Discrimination in Employment Act of 1967 (n.d.). Retrieved on December 11, 2012 from http://www.ehow.com/facts_6797682_history-discrimination-employment-act-1967.html. Age Discrimination in Employment Act (n.d.). Retrieved on December 11, 2012 from http://elder-law.laws.com/discrimination-workplace. Kitchen, Elizabeth (July 14, 2010). Types of Age Discrimination. Retrieved on December 11, 2012 from http://www.brighthub.com/office/career-planning/articles/77626.aspx. Facts About the Americans with Disabilities Act (n.d.). Retrieved on December 11, 2012 from http://www.eeoc.gov/facts/fs-ada.html. Americans with Disabilities Act (n.d.). Retrieved on December 15, 2012 from http://www.ada.gov/employmt.htm.