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Task 310.1.5: Labor and Employment Law
Situation A: The Family and Medical Leave Act (FMLA) protects an employee’s job for up to 12 weeks under certain conditions. During the leave, an employee is not paid but is covered under the same health insurance plan. An employee is eligible for the FMLA if it is “for the birth and care of the newborn child of an employee, for placement with the employee of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.” (United States Department of Labor) An employee is eligible if they have worked at least 1,250 hours during the last twelve months, the employer has over 50 employees, and they have been with their employer for twelve months. The employer is required to return the employee to the same or equivalent job and pay. The FMLA also allows extra leave for those caring for injured members of the military.
The facts of the case are that employee A has been with Company X for two years and his wife prematurely gave birth to twins. After being on leave for eleven weeks, he has returned to work and has requested to be paid his salary while he was on leave. The new manager agrees to return him to his previous job at his previous pay. Since Company X has over 50 employees, it is required to abide by the FMLA rules.
Under the FMLA, the employee is entitled to take up to twelve weeks off but is not entitled to be paid for his time off. The employer is correct in returning him to his original job and his previous pay. Company X has not violated any rules under the FMLA.
Situation B: The Age Discrimination Act of 1967 prohibits discrimination for any employee 40 years or older in “hiring, promotion, discharge, compensation, or terms, conditions or privileges of

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