Aveneu Park, Starling, Australia

Situation date, has at least 1,250 hours of time

Situation
A – Family and Medical Leave Act of 1993

Three Major Provisions

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In 1993, the Family Medical Leave Act (FMLA) was created
to help employees find a middle ground between work and home life. It allowed
employees to make time for families including births of babies for both men and
women, care for themselves or family members who are ill, and still maintain employment.
Three major provisions of this act include, but are not limited to: allotment
of 12 weeks of time off, return to work/job must be provided, and it is unpaid
leave (United States Department of Labor, 2017, p. 2, 6.

The first provision deals with the time allowed off.
Usually, 12 weeks cumulative time is allowed off per year. That could be a
January through December calendar year, or a rolling year where the time starts
from the first day of leave is taken. This also takes into consideration if an
employee has been with a company for at least 12 months before the FMLA date,
has at least 1,250 hours of time worked, and has over 50 employees with a given
radius of 75 miles (p. 16-17, 51).

The second provision mandates that when an employee
returns from leave, they must be allowed back to the same, or similar, position
they were in when they left. This is in relation to compensation, benefits,
location, and time of work. It does not have to be the same exact job but must
be comparable to the previously listed stipulations (p. 64-65).

The third provision states that when an employee returns
to work, they are to be given any wage increases or bonuses, as well as their
paid time off accruals per company policy. Time of during an FMLA leave is not
paid leave. If the employee wishes to be paid, or receive wages, they may do so
by using their own earned time off or be paid via short-term disability
companies (The Family and Medical Leave Act, 1993).

Evaluation

In situation A, a male employee’s spouse gave birth to
twins prematurely. He was granted leave and is eligible to take up to 12 weeks
per the information given about being with the company for two years (The
Family and Medical Leave Act, 1993). He has requested to return to work and
finds a new manager overseeing the department. The manager approves his request
to return to work but has denied his request for backed wages during his time
gone.

FMLA applies to this situation due to covering paternity leave to care
for a family member who has given birth, a position at work being held with
benefits and pay being reinstated, and that the time gone is without pay. FMLA
does not guarantee lost wages, but requires employers to hold the position, or
a position similar, and return all benefits to the employee (United States
Department of Labor, 2017, p 64-65).

Explanation

A violation has not occurred in this instance. The
employee was allowed to take leave and is being allowed to return to the
previous job and pay, but the employer is not required to pay the lost wages.
If the employee wants to be paid for his time off, per FMLA, he can use accrued
paid time off and apply that to the time he was gone. He is also being
reinstated at the previous wage but is entitled to all pay increases that may
have occurred during his time away. Assuming that the employer gave all the
required documentation at the beginning of the employee’s leave, the employee
should have been made aware of this beforehand.

Situation
B – The Age Discrimination in Employment Act of 1967

Three Major Provisions

            In 1967, the Age
Discrimination in Employment Act (ADEA) was passed to protect employed
individuals from being penalized due to their age (The Age Discrimination in
Employment Act, 1967). It prohibits employers from discriminating against age
at the time of hire, pay, benefits, or promotions. Three major provisions of
this act are: employees are over age 40, protection from discrimination due to
age for any reason, and a minimum of 20 employees in the workforce (The U. S.
Equal Employment Opportunity Commission, 2008).

            The first provision of
the ADEA discusses that employees must be over age 40 to be covered by the
ADEA. It also states that employers can provide more incentives to those who
are older regardless of the affects on a younger person who is also over age 40.
The second provision provides protection from discrimination based on age for
any reason. Employers should not withhold a job, promotions, or any other
benefits due to age. The third provision requires that businesses have at least
20 employees for the ADEA to apply (The U. S. Equal Employment Opportunity
Commission, 2008).

Evaluation

            In situation B, the
employee is 68 years old and has been with the company over 40 years. Employee
B was denied a promotion based on age. The ADEA applies in this situation based
on being over 40 years old and the company having over 75 employees. The ADEA
also applies based on this employee was overlooked for a promotion that was
given to a younger employee that was mentioned to have done adequate work for
the company (The U. S. Equal Employment Opportunity Commission, 2008).
According to the Age Discrimination in Employment Act of 1967, it covers only
those who are over age 40, so the younger employee could not discriminate
against the older employee if the older employee were to receive the promotion
instead.

 

 

Explanation

            A violation of the ADEA
has occurred in this instance. Employee B was denied a promotion based on their
age. As mentioned above, the company met the requirements of the ADEA based on
having 75 employees and the employee met the criteria by being age 68. It is a
direct violation of the ADEA to not promote an individual due to age (The U. S.
Equal Employment Opportunity Commission, 2008).

Situation
C – The Americans with Disabilities Act of 1990

Three Major Provisions

            In 1990, the Americans
with Disabilities Act (ADA) was created to protect individuals with a mental or
physical disability from discrimination in the workforce. Three major provisions
of this act are: disability from a mental or physical ailment that limits a
life activity, ability to do the work with or without reasonable accommodations,
and employ 15 or more employees following July 26, 1994 (The U. S. Equal
Employment Opportunity Commission, 2005).

            The first provision states
that a disable person is one that has mental or physical impairments that
affect their abilities to perform day to day activities. Examples include
walking, self-care, hearing, and seeing to name a few. The second provision
states that the employee must be qualified to do the work in question with or
without reasonable accommodations. Examples of reasonable accommodation include
changes to equipment, alterations in work and scheduling, interpretation, and
changes to accessibility. These are required unless it would cause undue
hardship for the company. The third provision requires that companies housing
more than 15 employees following the amendment date of July 26, 1994, to abide
by the ADA (The U.S. Equal Employment Opportunity Commission, 2005).

 

Evaluation

            Applicant
C is a disabled job applicant that requires the use of a wheelchair to get
around making the ADA applicable to this situation. The applicant applied for a
position with Company X that requires the use of elevators to perform job
functions. They were denied employment due to alterations that would need to be
made to two of the four elevators in the building which they felt were
unreasonable. Company X stated the alterations would cause undue hardship, cost
$1,000 per elevator, and take two days to complete both elevators (The U. S.
Equal Employment Opportunity Commission, 2005).

Explanation

            A violation has occurred
in this situation. The applicant applied for a position that they were assumed
to be qualified for and was denied employment due to changes that would have to
be made to the elevator system. The cost of making these changes seems to be
relatively low based on the information given about the company (building with
seven floors, over 75 employees, cost of $1,000 per elevator and two days to
complete.) The applicant is covered by the ADA because they require the use of
a wheelchair. This change would not cause undue hardship and is considered to
be a reasonable accommodation (The U. S. Equal Employment Opportunity
Commission, 2005). 

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