Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the statute, can the employer nevertheless decide to provide FMLA protection to its workforce? Why, or why not. Explain in full.© BrainMass Inc. brainmass.com October 17, 2018, 2:22 am ad1c9bdddf
The Family and Medical Leave Act of 1993 (FMLA) was created to provide 12 weeks of unpaid leave to public and private employees per calendar year for family related matters (Tracey, 1994). Such as, medical emergencies and issues regarding the employee or a close family member, childbirth, and child adoption. FMLA is applicable to employers with 50 or more employees, and employees are allowed to retain health benefits and must be reinstated to an equivalent or the same job upon returning to work (Tracey, 1994). Covered employees consist of workers employed by a covered employer, have worked at least 12 months and have 1250 hours minimum with the same employer, and the employer has 50 workers within 75 miles (Tracey, 1994).
FMLA is only a guideline and many employers offer more than 12 weeks of unpaid leave even when there are less than 50 employees within a 75 mile area (Cascio & Aguinis, 2005). For example, employers routinely allow the use of sick time and vacation ...
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Employment regulation and agency
1. The last half of the 20th century saw development of the legal concepts that we know as EEO, Affirmative Action, Sexual (and other) Harassment, and several related ideas. Near the end of the century, we saw court decisions that recognized the rights of those who were adversely affected by the implementation of the ideas - so-called "reverse discrimination". Discuss what direction you believe this type of law will take in the next 20 years, and how businesses can prepare best to deal with that trend.
2. Unions have represented employees since before the United States was formed. In the U.S., unionism peaked in the 1935-1945 period, and steadily declined ever since. Currently, about 13% of all jobs are unionized. Think about why unions grew in the first place, and why they lost membership later. Discuss the future of unionism in the U.S., and how business should prepare for that future.View Full Posting Details