Labor and Employment Law Essay Example | Topics and Well Written Essays - 1250 words

Labor and Employment Law - Essay ExampleThe previous department manager leftover the company during this employees leave. The new manager has agreed to this employees 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 ar (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 employees child after the birth, also placement for the borrowing or related to foster care To take care for the concerned employees partner, son or the daughter, or the parent, who possesses a grave health condition (EMPLOYEE RIGHTS AND RESPONSIBILITIES, 2009) hotshot of the most important properties of the act is that if an employee takes le ave in regard to any one of the in a higher place mentioned conditions, then the business organization where the person leans is liable to provide the total amount of employment compensation to that employee. However, there is certainly an upper fasten 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 pursuance reasons For incapacity due to pregnancy, prenatal medical care or child birth To care for the employees child after birth, or placement for adoption or foster care To care for the employees spouse, son or daughter, or parent, who has a in effect(p) health condition or For a serious health condition that makes the employee unable to perform the employees job. Under these circumstances it is most likely to argue that the company or the new manager is not liable to pay the fu ll 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 himsel f 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 quality against the company asking why the management of the company has denied his