However, eligible employee excludes employees or federal officers covered under United States Code in chapter 63 title 5, subchapter v. It does not include a worker of an employer hiring less than fifty workers. This is in case the employer, within 75 miles of the worksite, has less than 50 employees. Section 102 of the Act focuses on leave requirement. According to this section, an eligible employee qualifies for a twelve-week leave in any twelve-month period because of the following reasons: Birth of a child of an employee to allow taking care of the child; When the employee adopts a daughter or a son; To take care of a son, daughter or spouse in case the son, daughter or spouse has the health; condition, which is serious,; and In cases of serious health conditions rendering the employee incapable of performing his or her duties Subsection two of section 102 stipulates that the leave period expire at the end of the twelve-month period.
This is so in case an employee takes a leave due to placement or birth of a son or daughter. Section 104, subsection (a) and paragraph (1) stipulates that when an employee returns from the leave he or she should assume the previous position. The employee should also receive the same remuneration as that before he or she went for the leave (U.S. Department of Labour, 2008). . Age Discrimination in Employment Act (ADEA) of 1967 versus situation B This Act prohibits any discrimination according to age in employment.
This Act aims to protect employees who are forty years and above from discrimination according to age in employment. It applies to both job applicants and employees. According to ADEA, it is not lawful to discriminate an individual on the basis of age with regard to condition, term, employment privilege, including firing, hiring, promotion, compensation, lay off, job assignments, benefits and training (U.S. Equal Employment Opportunity Commission, 2008). Section 623 0f the Act deals with this topic where subsection (a) considers practices by the employer.
The section considers unlawful, the following practices: 1. Failing or refusing to discharge or hire an individual or discriminating against him or her to his terms, compensation, privileges or situations of employment on the basis of his or her age; 2. Classifying, limiting or segregating employees in any way that deprives an individual of opportunities in employment or causing adverse effect to the employee status of on the basis of age; and 3. Reduction of wages to the employees based on age of the individuals This Act considers an agency to have violated the law if it refuses or fails to refer for employment any individual due to his age.
However, this Act in subsection (f) gives lawful practices on laws of foreign workplace, age and occupational qualification, other reasonable factors, employee benefit plans, seniority system and discharge or discipline for providential cause. Here, the law does not prohibit actions by employers on employees in cases where age is a necessary, reasonable qualification for the normal functioning of a given business (U.S. Equal
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