Employee Safety, Health, and Welfare Laws

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1. I have to prepare a 1,050-1,750-word paper (4 - 7 pages) in which I have to explain the application and implication of the following laws for an employer (any employer). I have to analyze (but is not limited to) the following employee safety, health, and welfare laws: I do not work, and I have not worked in a long time. When I did work, I was a waitress, I never had to face any of these laws.

One approach to help you with an essay assignment like this one is to provide a tentative outline, and then look at information for each section, which you can then draw on for your final copy. This is the approach this response takes. I also provided many links, which you can also refer to. You also need to draw on the week's assigned reading as suggested in your assignment requirements.

However, you do not really need to work in the profession to understand these laws, and the implications of the laws. Instead, it is possible to research the laws, where ample information is usually provided explaining the implications of the laws for both the employer and employee (e.g., what the employers need to comply with, the rights of the employees, etc.).

You tentative outline can be arranged around the four questions. Your tentative outline might look something to the effect.

I. Introduction (about ¼ - ½ page; introduce topic: include a purpose statement: The purpose of this paper is to...)

II. Family and Medical Leave Act (FMLA) (about 1½ -2 pages)
a. Description
b. What are employers' responsibilities under the law?
c. What protections does the law provide for employees?

III. Worker's compensation (about 1½ -2 pages)
a. Description
b. What are employers' responsibilities under the law?
c. What protections does the law provide for employees?

IV. Occupational Safety and Health Act (OSHA) (about 1½ -2 pages)
a. Description
b. What are employers' responsibilities under the law?
c. What protections does the law provide for employees?

IV. Conclusion (e.g., sum up main points)

Now let's look at some information to consider for each section, which you can draw on for your final copy. I provided ample information, so please keep what fits the length of your paper.

Generally, the Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 10 million employers and 125 million workers.

The purpose of this paper is to...

II. Family and Medical Leave Act (FMLA)

Administered by the Wage and Hour Division, the law requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent (http://www.dol.gov/opa/aboutdol/lawsprog.htm). Generally, the FMLA (1993) is to grant family and temporary medical leave under certain circumstances (http://www.dol.gov/esa/regs/statutes/whd/fmla.htm).

b. What are employers' responsibilities under the law?

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

· For the birth and care of the newborn child of the employee;
· For placement with the employee of a son or daughter for adoption or foster care;
· To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
· To take medical leave when the employee is unable to work because of a serious health condition (excerpted from http://www.dol.gov/esa/whd/fmla/).

Employers may select one of four options for determining the 12-month period:
· The calendar year;
· Any fixed 12-month "leave year" such as a fiscal year, a year required by state law, or a year starting on the employee's "anniversary" date;
· The 12-month period measured forward from the date any employee's first FMLA leave begins; or
· A "rolling" 12-month period measured backward from the date an employee uses FMLA leave (excerpted from http://www.dol.gov/elaws/esa/fmla/faq.asp).

c. What protections does the law provide for employees?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement. This also includes placement with the employee of a son or daughter for adoption or foster care, to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted (http://www.dol.gov/esa/whd/fmla/).

Subject to certain limitations, your employer may deny the continuation of FMLA leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. The employer may not, however, require you to return to work early by offering you a light duty assignment (http://www.dol.gov/esa/whd/fmla/).

Generally, employees will not lose their job if she or he takes FMLA leave. For example, it is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers ...