Ans: The Family and Medical Leave Act (FMLA) was established in 1993 to allow employees to take reasonable unpaid leave for certain family and medical reasons. The legislation intends to “balance the demands of the workplace with the needs of the families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity.”
The FMLA applies to you if you have 50 or more employees on the payroll (including part-timers and employees on leave) in 20 or more workweeks (not necessarily consecutive) in the current or preceding calendar year. The FMLA also applies to public agencies, including state, local and federal employers, and local education agencies – regardless of the number of employees.
Assuming you’re a covered employer, your employees are eligible for FMLA if they have worked for at least 12 months and a minimum of 1,250 hours. Additionally, they must work at a location where at least 50 of your employees are employed within 75 miles.
Jackie approached her Human Resources representative and requested time off under FMLA. Jackie's son has a chronic disease, which requires him to miss significant amounts of school and Jackie to stay home and take care of him. Jackie is unsure if she qualifies to use FMLA, so she has many questions that she would like answered. Based on your readings and outside research, answer the following questions for Jackie so that she may have a better understanding of FMLA and...
Jaszxyszyn filed a total disability claim with her employer and granted time off under the FMLA. During this time, she attended a few social events and posted 127 pictures to Facebook. In those pictures, she was dancing and laughing. There is one of her coworkers, upset about her behavior, brought those pictures to advantages' management. At the meeting between Jaszxzyszyn and advantages manage, she could not explain the discrepancy between her claim of complete incapacitation and her activity in the...
1. Can an employer terminate older employees as a reduction in the employer's workforce without violating the ADEA? If so, how can an employer avoid a violation of the ADEA in a layoff situation? 2. Is an individual who is perceived as having a disability, but in fact has recovered from the disability or is not disabled, covered by the ADA? Provide an example to support your answer. 3. Discuss 2 reasons why an employee might request FMLA for a...
Explain an appropriate response by the public employer to the following situation. Case Study 3: Ron B has been a police officer for ten years. Recently, the department has been receiving complaints that Officer B is discourteous with members of the public. A review of Officer B’s personnel file reveals that he has received five citizen complaints for making uncalled for remarks, rudeness, and other inappropriate statements to members of the public within six months. There were no prior complaints....
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Ann is a health care tech who undergoes a scheduled hysterectomy. She has completed the paperwork for FMLA, short term disability and has 94 PTO hours. She expects to return to work in 6 weeks. 5 days after she is discharged home, she comes to the ER with shortness of breath and chest pain. She is admitted with a pulmonary embolus (blood clot to the lung) believed to be associated with her surgery. She is in the hospital another 10...
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