Business Law Essay Example | Topics and Well Written Essays - 1250 words - 3

Business Law - Essay Example FMLA is focused at addressing five major issues. First, the Act covers the birth of the employee’s child and the care of the child. Secondly, the Act caters for the placement of an employee’s child for foster care or adoption. Thirdly, family and medical leave Act of 1993 caters for the care of the employee’s parent as well as the child either a daughter or a son with serious health problems (Family and Medical Leave Act Regulations.1990). Fourthly, the FMLA caters for the serious health condition of the workers that makes them not to perform their duties as required by their employers. Fifthly, it caters for any qualifying exigencies that may arise due to the deployment of the employee’s family member. Upon returning from their leave, FMLA requires that the employers must provide the employees with protection and benefits that they may have received if they were working. Most notably, the act covers 4 aspects that the employers must provide to the eligibl e employees who return from their leave (Galinsky et al, 2008). First, employees must be provided with the health benefits that they would receive if they were working. Secondly, upon returning from the leave, the FMLA requires that the employees must be restored to the same position. ... alth condition or that of a family member must be allowed to have a leave to attend doctor’s appointments for such cases as chemotherapy and psychological counseling among others. Family and medical leave Act of 1993 requires that an employee must provide an employer with a 30 days notice of his or her intention to take a leave (Family and Medical Leave Act Regulations.1990). In cases the leave comes due to emergency, it is the responsibility of the employees to notify the employers as soon as possible. Similarly, the Act maintains that an employer may request for a medical certification in case the employer is taking a leave due to serious health problem related to him or her or a family member. In situation A, employee A was eligible for the 11 weeks leave since he had worked in company X for 12 years. On his part, the new manager reinstated the employee to his previous job at the previous rate of pay. This indicates that even if the manager was new, he acted within the requ irements of Family and medical leave Act of 1993. As indicated earlier, the FMLA indicates that the leave must be unpaid, implying that employee A was not eligible for the salary from his 11 week leave. This indicates that by denying the employee the salary, the manager did not violate the law and as such there was no violation that occurred in this situation A. Situation B Age Discrimination in Employment Act of 1967 (ADEA) gives protection to the employees who are 40 years and above from been discriminated by their employers (Age Discrimination in Employment Act of 1967). According to this Act, that covers both the job applicant and the existing employees, it is unlawful for any employer to discriminate a worker based on his or her old age in respect to the employment benefits that includes