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Laws Governing Labor and Employment - Essay Example

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Laws Governing Labor and Employment The AFMLA of 1993 views that, covered employers have to give their employees unpaid and job-protected leave for eligible family or medical reasons including pregnancy, individual or family sickness, foster care for placement young children, pregnancy, or military leave…
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Laws Governing Labor and Employment

Download file to see previous pages... Furthermore, the company has to have more than 50 employees within a radius of 75 miles. The regulation also requires that employers: Protect their employees from any form of retaliation by an employer for such rights. Guard employee benefits while they are gone for leave. All employee benefits before they went on leave have to be reinstated. Protect the employee from being denied their right to go on leave under the act. Offer the exact health insurance benefits, which have to include company contributions to premiums that would be awarded should the employee go on leave. The employees on leave have to come back to a similar position they worked in before they went on leave. If the exact position is not available, then the employer has to offer a position that is equal in pay, responsibility, and benefits. Lastly, they have to be given occasional leave should they face any serious ill health, or that of a family condition, which include intermittent leave for appointments to the doctor for treatment, therapies or other serious conditions (Goldman & Sigmond, 2010). Non-eligible types of leave and workers These regulations do not apply to: Workers in companies with less than 50 employees; nonetheless, the threshold does not apply to local educational and employer agencies. Part-time workers with less than 1,250 hours within a paid vacation and the 12 months period; Employees in need of leave to take care for elderly parents who are not parents; Employees needing time to recover from common illnesses like common cold or flu. Workers in need of regular medical checkups The employee in situation A has toiled for the company for at least two years. He took and 11 week leave to be with his spouse who had given birth to twins prematurely. So far, he has not broken the rules governing the employment law. Firstly, he has gone for 11 weeks of the maximum 12 and has been working for over two years. However, there is not provision for someone to be paid. Therefore, the new manager is not forced to release the employee’s salary for the time he was away. His spouse had given birth to twins prematurely, which is catered for in the AFMLA. Nonetheless, the new manager has not infringed the right to leave of the gentleman. The Age Discrimination in Employment Act of 1967 (ADEA) The ADEA bars discrimination against employees 40 years of age and more. Employers are not allowed to: Snub, fire, or discharge a person because of the certain terms, compensation, or employment privileges in view of their individual age (Miller, Jentz, & Jentz, 2009). To lessen the wage rate of any worker to comply with the above regulations; To classify, isolate, or limit employees in ways that would deny or deprive the individuals of employment avenues because of their age. Furthermore, it will be unlawful for employment agencies to refuse to discriminate against any person because of their age. There are also other laws tackling labor organizations; Labor organizations are not allowed: To expel or exclude any person from its membership because of age; To classify, segregate, limit, classify or refuse to employ any person in ways that would deny employment opportunities. To try or cause any employer to discriminate against employees in violations of the regulation; In situation B, the employee in question is 68 years of age and nearing his retirement. However, he has worked for the company ...Download file to see next pagesRead More
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