Carol Fern has been employed by Bainbridge Borough for 18 years as a tax clerk. The tax clerk position is part of the bargaining unit represented by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME). When Carol and her husband found out that she was unable to conceive, they decided to adopt a child. Let’s start off by analyzing one of the hottest topics in the United States today. Healthcare reform has become a topic with many different prospective from everyone involved weather it is the Republicans, Democrats or the tax payers. The president has an uphill battle as he aims to improve healthcare while insurance companies are fighting to keep their market share. In this case Carol Fern leave date can begin at any time but not more than eleven weeks before her expected week of birth. She is entitled to change the date of her maternity leave in the instance that the baby is born early or if she is having complications prior to birth that requires her to be on bed rest. In either case she must notify her employer as soon as possible after birth or as soon as she is placed on bed rest.
If Carol fails to inform her employer she would have forfeited her entitlement to ordinary maternity leave. The employer on the other hand has the right to insist that any of these situations be in writing and can also insist that she provide a medical certificate stating the expected week of childbirth. The law states that in order to be entitled to adoption leave and pay you must have a child matched and placed for adoption through an adoption agency. If you apply directly to a court for an adoption order you will not be eligible for adoption leave. Foster parents are not usually eligible for adoption leave unless they go on to adopt the child and the child was matched and placed for adoption through an adoption agency. Carol’s Attorney’s Assessment
In Carol case she is entitles to adoption leave and pay under the law. There are separate requirements as to the notice to be given for entitlement to statutory maternity pay (SMP) but it is permissible for a woman to give her employer her SMP notice at the same time as her maternity leave notice. An employer must formally notify an employee who is taking maternity leave of the end date of her maternity leave. He must do so within a specified 28 day period. The law also states that to qualify for adaption leave an employee must have worked for an employer for at least 26 weeks ending with the week in which you are notified of having been matched for adoption (note: In 2015 the government has purposed to change the law which would give adoptive parents the right to adoption leave from day one of their employment). If an employee qualifies for adaption leave they can take up to 26 weeks of ordinary adoption leave followed immediately by up to 26 weeks of additional leave. You can also be entitled to up to 39 weeks of Statutory Adoption Pay (SAP) if you meet the qualifying conditions. These qualifications are: 1.) Be an employee
2.) Be matched with a child for adoption by an approved adoption agency, or be one of a couple who have been jointly matched with a child for adoption. 3.) Have been continuously employed by the same employer for 26 or more weeks by the end of the matching week in which you are notified of being matched with a child for adoption. 4.) Have notified the agency that you agree that the child should be placed with you and the date of placement. Carol Fern meets all the above qualifications in this case and should be granted for Statutory Adoption Pay (SAP) and maternity leave. Arbitrator Role
Taking the role of the Arbitrator in the arbitral proceedings, the arbitrators in the case failed to achieve the majority on a particular with the agreement of the parties prevails, the other arbitrators did not cease taking further part in the proceedings. The process of arbitration can start only if there is a valid Arbitration Agreement between the parties prior to the emergence of the dispute. In this case based on the law I would award Carol leave under Statutory Adoption Pay (SAP) and maternity leave.
Smith, J. (2009, June 8). Maternity & parental leave. Retrieved from
http://www.fairwork.gov.au/Leave/maternity-and-parental-leave Hegewisch, A., & Hara, Y. (2013, May 10). Maternity, Paternity, and Adoption Leave in the United States – Retrieved from http://www.iwpr.org/publications/pubs/maternity-paternity-and-adoption-leave-in-the-united-states-1 Federal Family and Medical Leave Act. (2009, March 6). Retrieved from http://www.americanadoptions.com/adopt/federal_family_and_medical_leave
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