Background: Family and Medical Leave Act of 1993 is law passed that protects employees that need to go one leave to take care of a personal, family illness, or birth/adoption of a child. The law states that companies with 50 or more employees must offer unpaid leave to workers that have at least clocked in 1,250 hours and has at least 12 months of employment ("The Family and," 2000).

Evaluation: Our Company has over 75 employees and as a result we comply with the Family and Medical Leave Act of 1993. Factors that must be measured to fully examine this given Situation: In order to fully offer a valid and full evaluation of this situation first we must determine the exact numbers of hours Employee A has worked within his last 12 months with our company. For the purpose of this report it will be assumed has worked the required hours to meet the standards for the FMLA. After review of Employee A case it is clear that the employee was in fact entitled to take up to 12 weeks off of unpaid leave. He will be allowed to return to his previous job, at the previous rate of pay, but has been denied the request for the 11 weeks of withheld salary.

Violation: No violation of FMLA has occurred. The law states clearly that we must allow up to 12 weeks of unpaid leave for an employee who needs to care for a new child. As long as they have at least worked 12 months or 1,250 hours within the last 12 months that he has worked for us. Our only obligations are to allow him the leave and return him to the same position at the same rate of pay upon return to work. If the same position is unavailable, we would have to provide the worker with a position that is equal in pay, benefits, and responsibility. Being that he is returning to his same job and rate pay we have met the above requirement.

Situation B:
Employee B is 68 years old and has been with Company X for 42 years. During