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LIT 1-Task 2

Situation A

Employee A has taken a leave for 11 weeks and is now returning. Under The Family and Medical Leave Act (FMLA), our employee is eligible to return to his position, schedule and pay grade. According to your memo, he is asking for compensation for his time while on leave to be with his spouse who delivered twins. Employee A’s leave was unpaid. Under the Act, all eligible employees are entitled to 12 weeks of unpaid leave. This is including but not limited to, the bonding time that our employee took. It would have been wise for his previous manager to review his rights and responsibilities under FMLA and provisions regarding pay prior to going out on leave. That said, the information regarding this policy would have been covered in his orientation at the time he started his tenure here. Additionally, the information pertinent to FMLA and pay is contained in or employee handbook which is available online and every employee has a hard copy for review at their convenience

Employee A does have some options available to him. If he has unused, accrued PTO, vacation time, or paid sick time, we can look to applying that to his leave time. It may not cover the entire time he was out, but it may help his burden as he will be obligated to pay the employee health benefits he was covered with while out on leave. Also if the employee had any supplemental insurance he may want to speak with his carrier to find out if he is eligible for any awards form it.

Conclusion-There is no violation of FMLA. The policy is clear. There shall be no compensation for Employee A’s time away from work.

Situation B
Employee B did not receive a promotion he was vying for. He is 68 years old and has been with the company 42 years. Instead, another employee who is 32 years old received this promotion. The issue for Employee B is that he received a…...

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