Employee Safety, Health And Welfare Law Paper

1092 words - 4 pages

It has been known in the past that there has been many employer and employee issues, some ranging from as little as a disagreement and others that go to an extent to fatalities. To prevent little disagreements from escalating or even from occurring our past Presidents have came to a possible conclusion. United States of America has gone the distance to protect employers and employee rights as well as their families. To ensure that employers and employees are protected two laws have been passed, the Occupational Safety and Health Act and Family and Medical Leave Act. This paper will explain the purpose of both the Family and Medical Leave Act and Occupational Safety and Health Act. Employers responsibility under the law and what protections does the law provide for employees will be further discussed.FMLA & OSHAOn February 5, 1993, President Clinton introduced and passed the Family Medical Leave Act (FMLA). This law permits a leave of 12 weeks to all employees who have completed 12 months of labor for a company. The leave includes; adoption, child labor, serious health conditions and to take care of a relative who is in poor health. An employee must meet the requirements of being employed for a complete year and or working 1,250 hours during the entire year before leave request. Some employers do require the usage of vacation time before approving the time off for the leave. Employee must be compensated to either vacation time off or leave time off. While the employee is on medical leave all benefits are received as if employee would still have been working. "Under the FMLA, the employer's duties are triggered when the employee provides enough information to put the employer on notice that the employee may be in need of FMLA leave" (Bennett-Alexander & Hartman, 2007, p. 301). The purpose of this law is to allow employees to take the necessary leave with out the dread of being fired or revenged by the employer.Because of ongoing safety issues involving employees another law was passed on December 29, 1970, President Richard Nixon passed the Occupational Safety and Health Act (OSHA). Prior to the Occupational Safety and Health Act workers had no voice to protect them from the daily dangers and hazards present in high risk and low risk occupations. The Occupational Safety and Health Act is much more broad in who it affects then other federal legislation, compared to Title VII of the CRA and its amendments. The Occupational Safety and Health Act governs any employer who employs workers in a business that affects commerce (Bennett-Alexander & Hartman, 2007). Eligible employers must comply with the Department of Labor's safety and health compliance requirements. The body responsible for monitoring and enforcement is the Occupational Safety and Health Act administration under the Department of Labor. Seen as OSHA's most costly and invasive requirement, the continual-training requirement requires employers to adopt a program to train employees...

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