...child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The way that the Family and Medical Leave Act (FMLA) is written, it does not specify whether or not a biological parent participated in the upbringing of the child or not. The definition of a parent is broad for the purpose of FMLA use. A parent is defined as a biological parent, adoptive parent, step parent, foster parent or an individual who assumed duties as your parent. An individual that assumes duties as your parent is called “loco parentis”. If an employee is trying to take leave for his or her loco parentis they may be required to provide documentation of the relationship. In this case Tony has asked to take leave to move his father from the nursing home to his apartment. According to FMLA the parent must be qualified as having a “serious illness” In my opinion moving his parent of the nursing home isn’t a qualifying event according to FMLA standards. Regardless, the answer to the question is, no it doesn’t matter if the biological parent had anything to do with the biological child for the child to take advantage of FMLA. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. In the private sector, the size of the business does matter when it comes to the Family Medical Leave Act. “The FMLA applies only to employers who have had 50 or more full, part-time, or temporary employees...
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...the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below. ------------------------------------------------- SITUATION A FACTS OF CASE | FMLA GUIDELINES | RELATION OF FACTS TO GUIDELINES | Company has more than 75 employees | In order for employee to be eligible, company must have a minimum of 50 employees working within a 75 mile radius of the plant. | The company is covered and is required to abide by the Family Medical Leave Act of 1993 when considering a leave request by an eligible employee. | Employee has been employed at the company for 2 years. | An employee must have worked for a covered company at least 1,250 within the past 12 months in order to be eligible for unpaid leave and job protection under FMLA. | Employee meets eligibility requirements for up to 12 weeks of unpaid leave under the Family Medical Leave Act of 1993. | Employee was granted sudden leave upon request due to the birth of his children. | Eligible employees are entitled to parent bonding time after the birth of their child(ren). | Employee gave notice and was granted leave to bond with his children. | Employee’s duration of leave was 11 weeks. | Eligible employees are entitled to 12 workweeks of leave in a 12 month period for an FMLA-eligible cause. | The employee is eligible for job protection under FMLA because the leave did not exceed the 12 week entitlement. | Some or all of the...
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...Abstract A model employee's undiagnosed stress disorder erupts one morning when a stray dog enters her worksite through an open window, there ensues a two-week cycle of absences, doctors’ visits, recurring bouts of screaming at the workplace and an order that the employee be locked out of her office and fired. The employee sues under the FMLA, claiming that she was fired instead of being granted needed medical leave. The district court granted the employer summary judgment, finding, that Stevenson never gave the employer notice that leave might be required. Stevenson v. Hyre Electric Company - FMLA This is a very confusing case, but it is very clear to me that the Plaintiff was in error of an amiable decision on this case. The fact of not providing the correct notice of FMLA in the allotted time was definitely the key in this case, had Stevenson provided the required documents, she would have won the judgment and there would have been no room for question. There is room for some doubt regarding this decision, however; it still goes back to the fact that she did not follow the proper protocol as required by the Defendant. Stray Animal Causes Disturbance In Workplace The Plaintiff was going through her usual duties when a dog got into the office through an open window. The presence of the animal in the workplace caused the Plaintiff to start to act in an unusual manner (jumping around, shouting, etc.) she...
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...Family and Medical Leave Act Law Ethics and Corporate Governance Executive Summary When most employees think of benefits, the first thing that comes into mind is vacation days, personal days, and bonus. The Family Medical Leave Act is another benefit that is not very common, but is accessible if an employee is working for a company that employs over 50 employees within 75 miles from the worksite. It offers employees the benefit to take up to 12 weeks (26 weeks for Service Members) of unpaid work and secures the employees job. The Family Medical Leave Act was created to give employee the right to take care of love ones and themselves during Medical condition. It gives employee the right to take responsibilities of natural ways of life such as the birth of a child, adoption of a child, and the care of a love on in serious illness. Even if the employee is unable to work do to medical purposes, they employee also has the benefit to take time off. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The Family Medical Leave Act specifically states that an employee has the right to take advantage of the FMLA benefit that he/she is covered under to take care of a member of family such as child, spouse, or parent in serious health conditions. There is no rule...
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...places, the essential sociological insight that ties them all together has been that the personal difficulties individuals face in trying to fulfill both family and paid work responsibilities are socially patterned and somewhat predictable given the competing logics of industrial production and family reproduction. The FMLA has been praised for supporting employee work/life issues and engendering a family-friendly workplace. However, its successes have not come without problems. Since its inception in 1993, employers have found FMLA certification, administration, tracking, and compliance confusing and problematic. Employers have argued that the law's ambiguous language makes it hard to certify, track, and administer leave, particularly intermittent leave. When the FMLA became law in February 1993, most women and children's advocacy groups were elated. However, many business groups protested that the law, which allows employees at companies with 50 or more workers up to 12 weeks' unpaid leave to care for himself or herself, a newborn, a newly adopted child, or a seriously ill family member--would exact an unfairly heavy toll from employers. Years later, the FMLA remains controversial: Some argue it is too broad in scope, others that it is not broad enough. Although the “traditional” family—a father who works outside the home and financially supports the children and a mother whose work is keeping the house and raising the children—has been disappearing for more...
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...work was to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA. 2. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the associational disability provisions of the ADA. Holding: 1. The employee was not terminated because she had a disabled family member, but rather because she was unable to regularly and reliably attend work. 2. Employers are not required to make reasonable accommodations for the family member of a disabled person under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential functions of the position without the need for the employer to make reasonable accommodations. Analysis: 1. Even if employee can meet prima facie case under FMLA, employer has a legitimate, non-discriminatory reason for termination: Employee's position required her to...
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...ATTENDANCE IN THE MANUFACTURING WORK PLACE August 10, 2011 EXECUTIVE SUMMARY Carrier’s absenteeism rate has grown tremendously in the last three years; this report show’s changes in the attendance policy could elevate problems that could affect the bottom line profits. Over the last year September 2009-September 2010, the trend of absenteeism has risen to 11.2 percent with a standard deviation of 2.8 percent, this would increase amount of employees needed in the plant that is required for production by at least sixty five, from June 2010 –August 2010 average absenteeism rat jump from 11.2 percent to 13.2 percent with a standard deviation of 3.04 that would increase our head count to seventy extra people to ensure that for at least sixty eight percent of the time we have enough employees to run our product.. Absenteeism generate manufacturing problems such as throughput and missed opportunities. Absenteeism causes throuput to be interupted because of less talented employees having to step up. Quality suffers, createing unsatisfied customers. Also, Overtime is generated due to rework or additional production, this is a financial hit on the bottom line, and the extra manpower generate additional cost of salary and benefits Attendance policies vary from one manufacturing facility to another. The effects are over whelming to each group for a variety of reasons. Whether union or non-union, these policies allow companies to curtail an attendance problem, which allows for...
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...Team Name: D Date: May 19, 2014 HRM/300: Fundamentals of Human Resources Equal Employment Opportunity & Employee Rights Review Content 60 Percent The student’s presented the following: Provided a general summary describing your chosen laws or issues For each law presented, provided a current court case that has challenged your selected law or issue. Defined any implications for HR in managing employeremployee relationship in the context of the law or issue. Provided an HR Policy for compliance The content is comprehensive, accurate, and persuasive .5 .5 1 .5 .5 .5 .5 1 .5 .5 Points Available 3 Points Earned X Additional Comments: Very good assessment of employer-employee rights… Very good analysis of how organizations have integrated Equal Opportunity and the Family Medical Leave Act into the day to day operations of the organization. It is important to continually revisit the policies that the organization has setup to ensure continual compliance as your organization has done. How will you gain the management commitment to ensuring that policies continue to benefit the employees and company? Additional Comments: Organization / Development 20 Percent The report is 1050 – 1400 words in length (WC: 1317) Points Available 1 .5 .5 Points Available 1 .25 .25 .25 .25 Points Earned X .5 .5 Points Earned X .25 0 .25 .25 Paragraph transitions are present, logical, and maintain the flow throughout the memo Mechanics 20 Percent Additional Comments: ...
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...Legal, Safety, and Regulatory Requirements Human Resource (HR) managers have a daunting responsibility in the workplace He or she must maintain a balance between a company’s agenda and employee rights, which is not always easy. It is essential that an HR manager is aware of the numerous laws and regulations in place, such as employment laws regulated by the Equal Employment Opportunity Commission (EEOC) which include discrimination of any kind, as well as safety regulations, privacy issues, and overall fair treatment of all workers. It would be nice to say that common sense and compassion rule the day in the health care industry, but it has been the author’s experience that is not always the case. For instance, the use of personal protective equipment (PPE) is essential in some circumstances, but invariably there will be someone who will have to be told to use PPE, such as goggles or gloves, in a dangerous situation. Common sense would dictate an automatic response toward protection, however certain individuals need guidance. Compassion in the workplace seems to be reserved for the consumer and not the worker, otherwise there would be no such thing as harassment laws. Common Sense and Compassion have been replaced by Litigation There may have been a time when this statement was not true, but unfortunately that time has passed. When a look is taken at all the regulatory boards and government agencies, involved in employee issues, it is clearly a “sign of the times” we live...
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...day upbringing of their children. Many European countries are helping men to become more involved in their children’s nurturing from birth. They are provided paternity leave along with maternity leave. This makes for healthier and happier families and that equates productive and contented workers. Case Summary The article from the textbook tells of Sweden taking a different stand. “Whereas America stands almost alone in the world in not guaranteeing women paid maternity leave, Sweden provides sixteen months paid leave per child, with the cost shared between the employer and the government” (Shaw, 2014). Sweden, Germany and Iceland all provide varying amounts of time off for new parents. These countries are attempting remove distinction between men and women when it comes to working and having a family. America can learn a lot from these countries. “Women’s participation in the labor force has nearly doubled since 1960; today they occupy more than half of all professional and management positions” (Shaw, 2014). One would assume that the United States would be at the top of all countries offering maternity, paternity leave and help with child care. However that is not the case. “While the United States prides itself on its family...
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...property rights, you need to understand the 5th Amendment Takings Clause (see pp. 114-118). The textbook provides excerpts from the Kelo v. City of New London opinion, but to fully appreciate this landmark case, I’ve provided a separate link to the Court’s opinion and a video that explains the case and its ultimate outcome. After reading and viewing the video, share with the class your viewpoint on whether eminent domain be used for “economic development” and whether you agree with the majority or dissenting opinions. I think it should be on a case –by- case basis. In the video we found out after Suzette’s years of struggle she finally lost her case, but the intended development never was completed. People were forced out for no reason. Using eminent domain the government can take from the poor and give to the rich. I understand that the Takings Clause is supposed to ensure that just compensation is paid. What is just if you have improved the land and held it for a lifetime? I would not want to be put out and have to start over for what a government entity calls just compensation. I think there are plenty of places that can benefit from “economic development” but “eminent domain” should be the last resort, due to this I agree more with the dissenting opinions in this case. When roads or bridges are needed for the good of all, then eminent domain is rightfully used. Part 2 Read the section on Living Wills in Chapter 47. Share your thoughts on this subject. Do you have a...
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...EMPLOYEE BENEFIT PACKAGE PROPOSAL The following is intended to represent a summary of NASSCO benefits. By implementing the correct SWP (Strategic Workforce Planning Systems) by ultimate objective is to understand our workforce dynamics so that talent can be managed proactively to ensure that future business goals are met. Should there be conflict between this information and that appearing in plan documents or summary plan descriptions, provisions in the plans will apply. NASSCO may alter or discontinue these benefits at any time, with or without notice. The following are proposed benefits available for our workforce. Health care A variety of medical and dental options are available to cover the majority of your health care needs and to provide you and your eligible dependents with coverage for extraordinary expenses. •When Coverage Begins •Coverage for you and your eligible dependents begins on your date of hire. •Annual Enrollment If you are enrolled in one of the medical/dental plans NASSCO offers, you may change to one of the other medical/dental plans during the annual enrollment period which is two weeks in November each year. Once you change your medical or dental plan or both to another medical/dental plan, your new coverage becomes effective the following January. •New Dependents To have coverage from the time you acquire a new dependent, you must enroll him or her within 31 days following the date you acquire the new dependent. Coverage becomes...
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...…………………3 Article Summary…………………………………………………………………………………………………………………3 Analysis……………………………………………………………………………………………………………………………….4 Conclusion…………………………………………………………………………………………………………………………..6 References…………………………………………………………………………………………………………………………..7 Introduction In this article, we will be summarizing and analyzing an article on “Mandated Insurance Benefit Laws: Important Health Protections for Women and Their Families”. The federal and state governments in the United States have mandated certain benefits, mostly related to health insurance. Employee benefits can consist of a variety of benefits that could become a great addition to an employee package. The article analyses the economic impact of these benefits. Article Summary There are certain benefits which have been mandated by the government which an employer must provide to its employees. Businesses use benefits to attract new employees and give current employees a greater sense of job satisfaction. The United States government has mandated certain benefits for employers to provide to their employees. Employers mostly and in some cases employees need to pay for these benefits. This article analyses the reasons behind the choices the government has made. Employee benefits are much more than health insurance, vacation time, and 401 (k) plans. Companies with 50 or more employees must also provide workers with unpaid family and medical leave benefit under the Family and Medical Leave Act (FMLA). Health insurance...
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...Application of the Law to the Facts: The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working within an industry. As previously discussed, the Uniform Trade Secrets Act and the New Hampshire iteration of the Uniform Trade Secrets Act and its definitions confirm that Ever-Gold is a trade secret, covered by the confidentiality agreement, and was...
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...new business entity that would fit the needs of Acme Fireworks going into the future. Governed by Common Law or UCC Common law “emphasizes the making of rules through court decisions” (Rogers, 2012). The court will base their decisions on prior cases with similar legal issues. The Uniform Commercial Code (UCC) is “a summary of traditional common law rules governing commercial transactions” (Rogers, 2012). Since the UCC governs contracts between businesses, I believe that the UCC would be the organization that would enforce the contracts between Acme Fireworks and the other large businesses. Five Essential Elements of a Contract A contract is formed when two or more parties come to a mutual agreement regarding the terms of the sale of goods, services rendered or any other legal transaction (Rogers, 2012). The first required element of the contract is that it is mutually agreed upon. In order for something to be agreed upon an offer must be made. The offer may “be made to a person, a class of people, or to the whole world” (Law Handbook, 2015). The owner of Acme Fireworks was contacted by several large businesses inquiring if Acme could create several fireworks displays on a regular basis. Therefore, the offer in this case came from the large...
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