Share
Explore BrainMass

Employment law: FMLA, OSHA, employers' responsibilities

Write a paper in which you explain the application and implication of each the following laws for your employer. Analyze at the following employee safety, health, and welfare laws:

Family and Medical Leave Act (FMLA)
Worker's compensation

Occupational Safety and Health Act (OSHA)
Other applicable laws

Answer the following questions:

What are employers' responsibilities under the law?

What protections does the law provide for employees?

Solution Preview

Abstract
This paper will explain the application and implication of the Family and Medical Leave Act (FMLA) as well as the Occupational Safety and Health Act (OSHA). It will address what the employers' responsibilities are under the law, and what protection the law provides for employees.

The FMLA and OSHA - How They Affect the Employer

Family and Medical Leave Act (FMLA)

This act was implemented in 1993 and requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave after childbirth or adoption; to care for a seriously ill child, spouse, or parent; or for an employee's own serious illness (Vikesland & CEAP, 2011).

Application and Implication of the FMLA Law for the Employee

The FMLA law applies to the "eligible" employee with the following stipulations:
1) Employee has to be employed for at least 12 months and worked at least1,250 hours. It does not have to be consecutive service.
2) Organization has to employ 50 employees or more within 75 miles of the workplace.
3) FMLA can be taken intermittently giving the employee the option to work part-time.
4) Employee benefits such as health, vision, dental, and disability are to be maintained as long as the employee continues payment for their portion during the leave.
5) The employee's position at the company with same pay and benefits needs to be held for that employee according to law.
6) The employee needs to provide 30 day notice in advance of any change either extending the leave or coming back earlier.
7) Employee may be asked to provide a certificate from a doctor verifying the leave and one verifying the return to the job.
8) If you are married and work at the same workplace, both cannot take 12 weeks off for the birth or adoption of a child or for caring for a parent with a serious health condition.

Application and Implication of the FMLA Law for the Employer

The FMLA law ...

Solution Summary

Answers the questions in detail for approximately 1,200 words with references.

$2.19