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Labor Law DIscussion board 3 - Essay Example

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However, legal documents and specifications shape this relationship. This fact has shielded many employers from exploitation of court decisions. The same applies to employees…
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Labor Law DIscussion board 3
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Labor laws Health policies in the United s were formulated in deep regards of employee-employer agreements. However, legal documents and specifications shape this relationship. This fact has shielded many employers from exploitation of court decisions. The same applies to employees who sign working contracts to prevent their employers from exploiting them. Minus working contracts there some genera laws that tend to shape the health policy relationship between employees and employers. One significant law is the Family and Medical Leave Act (Befort & Budd 23). This law states that am employee might be entitled to a 12 week medical leave for their own sake or any other member of their family.
In Amanda’s case this law presents itself as the most significant resource Amanda has. Amanda has a sick family member and she can’t run the risk of losing her job. With a lot at stake she should seek legal advice on how well to interpret the Family Medical Leave Act. According to the law Amanda is entitled to a 12 week leave to take care of her mum. During this period Amanda does not face the risk of losing her job. However, the law does not provide specifications on whether or not an employee should be provided with medical funds in such a scenario. Additionally, the law does not provide specifications on whether or not an employee should be compensated for the days they spend out of work. But in Amanda’s case the law is the best resource Amanda can be exposed to disregarding the employee- employer contract.
The employment contract Amanda signed holds the most significance in this case. The provisions of the contract are always adhered to till termination of the contract. If the provisions of the working contract gave no room for such health policies, Amanda’s employers have an upper hand in the case. However, every citizen is entitled to service by the judiciary system in such situations. Amanda could seek court action to stop her employers for withdrawing her health benefits of her working contract. Additionally, Amanda may legal action to have a medical leave under which her employment contract would also be valid and her health benefits are not withdrawn. These are the only two scenarios that Amanda may have an upper hand. However, her employers may counter these claims by agreeing to pay up the health benefits but request to terminate her working contract. This is because for an unknown period of time Amanda may be out of the working schedule of the company which would in turn mean that the organization may find a replacement human resource and they have to be rewarded for their services (Selwyn, 34).
Regardless of her working contact being terminated or not Amanda should not give up the compensation of her health benefits. According to Selwyn all employees are entitled to be given their health benefits even if their working contracts are terminated (56). The author further argues that this is because these benefits are worked for before the termination the contract. Considering this argument and the health condition of Amanda and her mother, she has a greater probability to have a legal advantage over her employees in the event that her contract is terminated.
Works cited
Befort, Stephen & Budd, John. Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus. Boston: Stanford University Press. 2009. Print.
Selwyn, Norman. Selwyns Law of Employment. Oxford: Oxford University Press. 2008. Print. Read More
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