LIT1 Task 2

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Situation A:
The Family Medical Leave Act (FMLA) ensures that full time employees are able to preserve their jobs in the event that they must take extended amounts of time off for medical or family care. In reviewing the details in Situation A, it appears that the employer did not violate the Family Medical Leave Act. In order to qualify for protection under FMLA, the employee must meet specific criteria. First, the employee must a full time employee that has worked for the employer a minimum of 1250 hours over the last 12 months (Provisions of the FMLA). In this situation Employee A is described as working for the company for over two years so we can assume that this qualification has been met. Second, the employee must have a valid reason for the leave to be covered under FMLA. FMLA covers a number of different causes for leave. In this situation, Employee A would qualify since leave for the birth and care of a newborn child is covered under FMLA. Third, the job restoration must be considered. FMLA allows a maximum of 12 weeks of job protection for most situations. The employee return to the same position held prior to the leave or an equivalent position. In Situation A, the employee was on leave for 11 months and requested to return to his same position. In situation A, the employee has met the requirements to be covered under FMLA for job protection up to 12 weeks. In this situation, the employer has not violated the law since they have agreed to reinstate Employee A to his former position. The employer has the right to deny the back pay since FMLA does not require the employer to pay the employee’s salary during the leave. Employees are allowed to use sick time, vacation or other accrued time but if this is not available, the leave would be protected without pay.

Situation B:
The Age Discrimination in Employment Act of 1978 (ADEA) ensures that employers do not discriminate against employees or job applicants based on age. Any employee over the age of...
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