LIT1 Task 1
Family Medical Leave Act (FMLA) of 1993:
The purpose of the FMLA is to allow employees up to 12 wks. per yr. of unpaid leave for the purpose of managing personal/family issues without negative company recourse. The employee requirements are that he/she must be a full time employee (>24hrs/wk.), with at least 1 year of service and more than 1250 worked hours from the prior year. Companies with at least 50 employees in a 75 mile radius are required to adhere to the law. The company must guarantee the exact or an equivalent job with equal pay and benefits to an employee absent for FMLA issues and must provide group benefits during the absences from the company. The Act covers family medical issues such as; An employee out for a serious illness, birth of a child, illness of an immediate family member (not In-Laws), or an employee’s adoption of a child. The ultimate goal of the FMLA is to allow an employee the proper time to balance work and personal/family responsibilities.
A few key facts about this situation are the Company employs more than 75 employees. A two year employee was granted leave in accordance with the FMLA. The reason for the employee’s absence was the birth of premature twins however; the employee is requesting to return to work after on 11 wks. and wants to 11wks of withheld pay. The New manager agrees to the employee’s return to work request and will guarantee previous job and pay, but will not pay the withheld salary.
From a company standpoint, the adherence to the guideline of the FMLA was spot on. The employee met all of the criteria of the FMLA. The company is in compliance by allowing UP TO 12 wks. of absence, guaranteed his prior position and guaranteed is prior rate of pay upon his return. In accordance with the regulation, the company is not obligated to pay withheld salary for the 11 wks. of absence due to the regulation states the 12 wks. of leave is...