Situation A Family and Medical Leave Act of 1993
In this situation, we have an employee that has been working for the company for 2 years. He has taken 11 weeks under the Family and Medical Leave Act (FMLA) in order to help care for his twins that were pre-maturely born. He has asked for his job back and requested that he receive pay for the 11 weeks that he was out. The FMLA states that an employee may take 12 weeks of unpaid leave per year for “the birth and care of a newborn child of an employee”(United States Department of Labor, n.d.). Providing the employee meets the requirement of 1250 hours of employment or 12 months of employment before the leave. The employee meets the requirement and may certainly have his job back. While it is regrettable that the employees wife delivered pre-maturely, we are not required to pay him his salary for the 11 weeks of leave he took under the FMLA provision. Your offer is correct, he may have his previous job back with his previous pay, but we will not be back paying him for the leave took under FMLA. No violation has occurred. The employee met the requirement for taking unpaid leave which is 12 months of employment. The company granted the unpaid leave of 12 weeks (11 weeks of which the employee took) and the company has a position open for the employee for him to return to. The company is not required to pay him for time off under the FMLA.
Situation B Age Discrimination in Employment Act of 1967
In this situation we have an employee who is 68 years old, an employee of the company of 42 years, an “above average” performer whom was denied a promotion due to his age. That same promotion was awarded to an employee of 32 years of age and an “adequate performer. The Age Discrimination Act in Employment (ADEA) applies to all individuals over the age of 40. It states that; “The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.”(United States Department of Labor, n.d.) This is a clear violation of the ADEA as it clearly pertains to...