Labor and Employment Law - Essay Example

The previous department manager left the company during this employee’s leave. The new manager has agreed to this employee’s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary. In this context, the provision for the Family and Medical Leave Act of 1993 can be applied to some significant extent. Some of the most important clauses of the act are (EMPLOYEE RIGHTS AND RESPONSIBILITIES, 2009): For the purpose of incapacity because of pregnancy, or prenatal medical care and/or child birth; In order to take care for the concerned employee’s child after the birth, also placement for the adoption or related to foster care; To take care for the concerned employee’s partner, son or the daughter, or the parent, who possesses a grave health condition (EMPLOYEE RIGHTS AND RESPONSIBILITIES, 2009); One of the most important properties of the act is that if an employee takes leave in regard to any one of the above mentioned conditions, then the business organization where the person works is liable to provide the total amount of employment compensation to that employee.

However, there is certainly an upper limit to the total time span of taking the leave – 12 months of maximum time (EMPLOYEE RIGHTS AND RESPONSIBILITIES, 2009). However, the FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child birth; • To care for the employee’s child after birth, or placement for adoption or foster care; • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or • For a serious health condition that makes the employee unable to perform the employee’s job.

Under these circumstances it is most likely to argue that the company or the new manager is not liable to pay the full 11 weeks’ salary to the employee. Hence, in this situation, there has not been any violation of the concerned law (EMPLOYEE RIGHTS AND RESPONSIBILITIES, 2009). Situation B: One employee is 68 years old and has been with a particular company for 42 years. During the annual performance review last month, it was determined that this employee was doing “above average” work in the department.

Employee B was denied a promotion due to age. A co-worker given the promotion, who is 32 years old, received a performance review of “adequate.” In this respect there has been a violation of the act. This is due to the fact that the person who has been promoted is the co-worker of another person who has been originally chosen by the company for promotion. As this 68 years old person was denied taking the promotion by the company, therefore it became one of the most illegal aspects to share the promotion with another co-worker of this 68 years old employee.

In this respect, as the older employee himself did not reject taking the promotion and as this decision has been entirely been forced on him by the company, therefore the law has significantly been violated. In this respect the older employee is expected to question the company regarding their act. Also the employee is expected to make legal case against the company asking why the management of the company has denied his