ipl-logo

Fmla Law Case Study

725 Words3 Pages

The FMLA law stands for the Family and Medical Leave Act of 1993. This law helps cover some aspects of employee sick leave, what type of leave the employee is entitled to, and what laws and regulations that the employer should follow with all of its employees. This act helps employees by giving them all the way up to 12 weeks of unpaid sick leave for their own serious health problems/illnesses, the adoption or birth of a child, and/or to care for an ill child, spouse, or parent. This part of the act stipulates that any business with 50 or more employees must provide this service to all employees who qualify. In certain cases, the employer also has the right to utilize the qualifying employee 's paid annual or sick leave as a part of the whole …show more content…

This is because the FMLA stipulates that in order for the employee to be eligible, he or she needs to have worked for the organization which employs 50 or more employees for at least 12 months. Also, Julie has worked full time for her employer and is designated by her employer as a full time worker. Since Julie is a full time employee, this also qualifies her for benefits under FMLA. Furthermore, according to the FMLA and their fact-sheet, Julie is entitled to take 12 months of leave in order to adopt her new baby. This leave has to be taken as a continuous block of time unless her employer will allow her an exception to take intermittent leave. Furthermore, Julie also has a right to take this leave before the child is adopted and placed with her. In order to do this, Julie must be taking the leave in advance to arrange adoption services, meet with the adopted child 's representative, attend a court appointment, consult with an attorney about the adoption, or any other special event or meeting which has something to do with the adoption. This time will be counted as part of her leave and the leave will end after 12 months when her new baby has been placed with her U.S. Department of Labor (2012). According to the law and the information that we have, Julie will qualify for FMLA …show more content…

According to the act, as we have mentioned before, FMLA only covers private employers in which the business employs 50 or more employees. Since Steven works for a private organization which only employs almost 30 employees, this is one fact that will disqualify him for FMLA leave. Second of all, not just any employee who ends up being employed for an employer who is covered can actually take advantage of what FMLA has to offer. In order to gain benefits from this act, the employee has to be employed by the business for at least 12 months. Since Steven has only been employed for 7 months, this unfortunately further disqualifies him to the benefits under this act. Even

Show More
Related

  • Fmla Leave Case Summary

    1454 Words  | 6 Pages

    Employers aren't prohibited from disciplining employees while they are on FMLA leave as long as the leave isn't the reason for the discipline. Simply put, FMLA leave cannot be used as a shield to deflect warranted discipline. Krista J. Griffith and Lynn Mueller, editors of Minnesota Employment Law Letter, can be reached at kgriffith@felhaber.com or

    Read More

  • Employment Division V Smith Case Summary

    454 Words  | 2 Pages

    The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.

    Read More

  • Loshane Case Study Summary

    659 Words  | 3 Pages

    Loshane works at the local Sonic’s restaurant. Loshane hopes to increase his working hours. Loshane attends community events with MHS and family. Per referring agency, Loshane biological parent’s parental rights are terminated.

    Read More

  • California Fair Pay Act Case Study

    362 Words  | 2 Pages

    The strict new California Fair Pay Act will soon become effective: January 1, 2016. California employers will be subject to what is being called the strictest and most aggressive equal pay law in the entire United States. Governor Jerry Brown signed the California Fair Pay Act (“Act”), Senate Bill 35, in October 2015. The new law is intended to increase the wage equality and transparency requirements of California labor law. The Act will be an amendment to Section 1197.5 of the current California Labor Code in relation to private employment.

    Read More

  • Not-So-Secret War On Moms Analysis

    689 Words  | 3 Pages

    In the article, "The (Not-So-Secret) War on Moms: How the Supreme Court Took Protections Away from Pregnant Workers" by Ariela Migdal, Ariela talks about the Supreme Court's decision 5-4 that an arrangement in the FMLA (Family and Medical Leave Act) giving specialists time off to watch over their own particular genuine wellbeing conditions, including pregnancy and labor, can't be implemented by state representatives in harms claims against their open managers. In Coleman v. Court of Appeals of Maryland unprotected open representatives of the privilege to occupation insurance when they have to require significant investment off while pregnant. Most of the Court concurred that the law was not advocated as a solution for an example of unlawful oppression ladies or pregnant specialists. Equity Ruth Ginsburg's contradiction was that the FMLA was drafted as sexually unbiased reaction to the way that past authoritative triumphs, including the Pregnancy Discrimination Act of 1978, which corrected the social equality laws to restrict work victimization pregnant laborers. Like before, pregnant specialists are as of now being pushed out of the work environment, pregnant laborers ought to remain at home, and ladies who take maternity leave pay an overwhelming cost for

    Read More

  • HIPAA Case Study Essay

    1076 Words  | 5 Pages

    There have been many instances of unauthorized viewing of medical records. Unauthorized viewing of patient records is a violation HIPAA. The HIPAA Privacy Rule requires that “protected health information should not be used or disclosed when it is not necessary to satisfy a particular purpose or carry out a function” (Health and Human Services.gov). The case study in which Joe, a staff member accessed medical information after he was allowed access to the hospital to change lightbulbs and the case study in which the daughter of a nurse accessed medical information as a result of the mother leaving the computer unlocked and unattended, are HIPAA violations (i.e both people accessed the medical information illegally). Joe was tasked with changing a lightbulb, but was curious about a patient he knew on a personal level, his neighbor.

    Read More

  • Ethical, Legal, And Regulatory In The Workplace Research Paper

    956 Words  | 4 Pages

    Vanessa Best October 9, 2015 Legal, Safety, and Regulatory in the Workplace HCS/341 Regulations, Legal, and Safety within Human Resource Management Human Resource management, Legal, Regulations, and Safety "Common sense and compassion in the workplace has been replaced by litigation." In my opinion I think I would have to disagree because not all companies and organizations aren’t like that. But, at the same time the quote focuses on how people in companies feel there isn’t any form of compassion and common sense awareness applied to the work environment. Now, it’s all about what they and you can do to make sure the organization or the company doesn’t get sued or lose money from an employee mistake or human resource

    Read More

  • Essay On Paid Sick Law

    582 Words  | 3 Pages

    That is, the recent introduction of a paid sick law has positively impacted both employers and workers across New York City. Today, under the paid sick law, employees may receive five days off in the event of a personal or the need to care for a family member. Even

    Read More

  • In Loco Parentis Case Summary

    1032 Words  | 5 Pages

    A. Ms. Baston stood “in loco parentis” to Ms. Duram because she provided food, clothing, transportation, and took an active role in her granddaughter’s life dissimilar from what many grandparents do without assuming a parental role. In addition to establishing that Ms. Duram cared for her grandmother, she will likely be able to establish that her grandmother satisfies the definition of a “parent” under the FMLA. Signs Inc. contends that the FMLA does not authorize FMLA leave to care for grandparents. However, a parent under the FMLA can mean “the biological parent of an employee or an individual who stood ‘in loco parentis’ to an employee when the employee was a son or daughter.”

    Read More

  • Analysis Of Richard Dorment's 'Why Men Still Can' T Have It All

    1103 Words  | 5 Pages

    Therefore, when they take family leave, people see it as a normal thing, as if it is expected. Dorment also says that some men just don’t feel the need to take time off. He says that men feel left out during the first six weeks after pregnancy. “Baby book after baby book warns parents that new fathers typically feel "left out," and there's a reason for that: because they are typically left out”. He brings up an interesting point about how babies spend their time, “A baby eats (with about eighty percent of women today choosing to breast-feed); he poops; he sleeps”.

    Read More

  • Clackamas Case: Colleen Hormone And Her Child

    185 Words  | 1 Pages

    I called to Autumn, she stated that lately things were clearing up with CW and child. She stated that her child was taken when she got an incident with her GM, Colleen Gayle Jackson, where she was residing. Autumn was arrested and her child was taken from her GM and placed into her child's paternal GM, in CA. She does not understand why the CW worker does not place with someone relatives here in OR.

    Read More

  • Tort Case Study: Health Care Law

    1368 Words  | 6 Pages

    Health Care Law: Tort Case Study Carolann Stanek University of Mary   Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.

    Read More

  • Legal Case Study: Jeanette Severance Package

    528 Words  | 3 Pages

    Immediately following the meeting personnel files should be updated, agreements documented, and access to company premises and equipment shut down (Bernardin & Russell, 2013). The outline of the severance, benefits package, and outplacement services would be exceptional considering that Jeanette is being terminated for a minor infraction against company policy. Jeanette should first be offered an opportunity to voluntarily resign.

    Read More

  • Media Effects On Homeless Children

    155 Words  | 1 Pages

    Just because the woman carries the child automatically makes her the primary caretaker. There are no laws that protect single mothers and there should be. The film we watched in class -

    Read More

  • Essay About Maternity Leave

    1550 Words  | 7 Pages

    Parental Leave. Maternity Rights can be defined as a period of approved absence for a female employee granted for the purpose of giving birth and taking care infant children. Maternity leave may last anywhere form several weeks to a period of months depending on the organization, and may be paid or unpaid depending on policies. A certain amount of maternity leave may also be legally mandated for some nations, states, or municipalities whereas Paternity Leave may be defined as a period of paid absence from work, in the UK currently two weeks, to which a man is legally entitled immediately after the birth of his child.

    Read More

More about Fmla Law Case Study

Open Document