This paper is about Family Related Issued: Family and Medical Act, in studying the case where it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Act (FMLA) to care for that parent. The motive in this paper is to determine the size of the business can have any effect on whether Toney is eligible for family leave under the FMLA. I will discuss whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he comes back.
In this paper I will give describe who is covered by the Family and Medical Leave Act (FMLA) of 1993? In this case I will explain the extent to which an employer can make his or her own determination as to the eligibility of an employer under the Family and Medical Leave Act. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent.
The Family and Medical Act is a law endorsed by the United States that needs big companies top management team to offer its employees, the coverage to (FMLA) for their job compensations due to a short term or long term serious health illness that effect the employee to be off from work because they need to assist a family member, spouse pregnancy, or care of children. In the case it did not matter if Tony was his biological son or not. In the Family and Medical Leave Act there is a limit on the amount of sick and vacation time that can be used and it is apparently stated in this law.
Also, if there is enough time they are allowed to by law. With a lot of companies they now used PTO days that include vacation and medical days at work that employees can use after six months or one year depending on the business. In was not specified in the video how long Tony had been employed with the company, as the request was for three weeks off. Under normal circumstances the business would ask foe a written request for the leave of absence or medial leave on the FMLA form. And the company would also like to have at least a two week notice in most causes so the employee would have time to get a substitute while Tony is out on leave.
Explain whether the size of the business can have any effect on whether Tony is eligible for the family leave under the FMLA. Herman thinking and his thoughts was a concerned for the company, but the business size does not matter. Herman is utilizing Tony as a business prerequisite from medically taking care of his father that is in need of his assistance. This companies has more that enough employee that could cover Tony while on leave, though Herman shows concern about the sales of automobiles being sold due Tony absence.
Herman main issues of Tony taking time off is because of the affect it will have on their business. Even more this makes Tony eligible for the FMLA during this time. (Halbert, Ingulli 2010) Explain whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns. Herman cannot imply if Tony takes a leave under the FMLA, but he must make Tony aware that there is not guarantee that he will have a job when he is able to come back to work.
This kind of action or treatment is not fair at all and the FMLA Act protects the employees if they are eligible to take a leave to assist their family of serious illness, to take care of newborn, or accommodate other family responsibilities. Because Tony is a valuable employee, one of the companies top auto salesman by word of mouth as number one marketing strategy. Herman has a great concerned, that he may not have another strong salesman that could fulfill the service like Tony provided for the company and to the customers (2010). Describe who is covered by the Family and Medical Act (FMLA) of 1993.
The Family and Medical Act of 1993 were put into place to promote the stability and economic security of families as well as the nation’s interest in preserving the integrity of families. The Family and Medical Act applies to any employer in the private sector who employers 50 or more employees each working at least 20 calendar seeks in the current or preceding calendar year. This law covers all state, local governments, and local education agencies. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management.
Also, the employer can not use the practice if forcing employees to behave in an involuntary manner such as threats or intimidation of their jobs should they chose to take a leave under the FMLA. (Halbert, Ingulli 2010). Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act. An employer determines the eligibility of the employees based on the annual worked hours by the employee. Human Resource also request that a written FMLA form is completed with end two weeks of the request leave.
Should an employee have not been notified within a 30 day the employer can make a decision of eligibility, causing a deferral of the FMLA? In addition, an employer is providing medical certification which would prove the leave would clarify eligibility for leave. If there is reason to believe by the employee that the employer does not plan to return to work at the end of the leave the employee has the right to terminate the FMLA request. Employer also has the right to terminate the FMLA as well if there falsified information given by the employer. Halbert, Ingulli 2010). The Family and Medical Leave Act is a benefit for companies, employees and families in the place of work to allow ones job functions, and personal responsibilities to be taken into consideration. During the time of leave the employees receive an income and security doing the time off. Other benefits to employees is receiving aide from relatives in the time of need, and the organization have an advantage from yearly decrease in staff earnings, which will lower the preparation and employment costs, and improves the performances of the employees.
There have been thousands of employees that have used the Family and Medical Leave Act (FMLA) and business programs of essential to developing effective impact reporting that is positive or concentrating on improving the performance of their employees, and allowing the employees to know that there are limitation in the law for exclusion of more than thirty percent of employees that do not meet the criteria for the leave, which would prevent the employees who meets the criteria from going on any leave due to there is no extra funding or budget to cover the cost. Halbert, Ingulli 2010). Conclusion In conclusion of the Family and Medical Leave Act the matter that a parent literally had nothing to do with a biological child in order for the child to take advantage of the law was enacted by the United States and requires large business to provide their employees with this coverage to protect the employment for family related issues such as a serious health illness or care of children.
Secondly, this law is also effective with companies that employers that have at least 50 or more employees on staff. Thirdly, Herman cannot imply if Tony takes a leave under the FMLA, and in this law he must make Tony aware that there is not guarantee that he will have a job when he is able to come back to work. Fourth, in this case in the year 1993 the FMLA was presented to employers for employees that are eligible for the leave of absence and met the criteria required for the companies.
And last we have explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act when the hours worked in a year time, written notice submitted to human resource has been submitted in a timely manner and medical certification has been documented will allow the employee to have the time off on leave.
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