Situation A
The Family and Medical Leave Act (FMLA) provides eligible employees the right to unpaid leave, job protection, and health benefits up to 12 weeks during any 12 month period to attend to qualifying family matters. Eligible employees must be employed for a minimum of 12 months and have worked 1,250 hours the previous 12 month cycle. Employee A was eligible and granted FMLA for the birth and care of his twins. He had met the requirements by being employed with Company A for 2 years and having a qualifying event.
Upon his return from leave, Employee A returned to his previous position with the same compensation he made prior to his leave of absence as mandated by FMLA. Even though the previous manager agreed to pay the withheld wages, Employee A is not entitled to the wages withheld during his eleven week absence. The Family and Medical Leave Act clearly states that time taken is unpaid leave. Therefore, the current manager’s decision of denying the wages is justifiable under the guidelines of FMLA.
Situation B
The Age Discrimination in Employment Act (ADEA) ensures protection from discrimination of individuals who are 40 years of age or older in the workplace as regard to their age. ADEA makes it illegal to discriminate against a person because of their age with respect to hiring, termination, promotion, wages, benefits, job assignments and training.
Keeping in mind the ADEA guidelines, it is readily apparent that Employee B was discriminated in this situation. Employee B did not receive the promotion due to his age when he was more qualified to perform the duties of the position than his younger coworker as outlined in their annual employment reviews.
Situation C
The Americans with Disabilities Act (ADA) make it unlawful to discriminate against a qualified individual with a disability in regards to employment. The employee or