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Questions relating to FMLA

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Can you assist me with hypothetical employment law questions surrounding Family Medical and Leave Act (FMLA).

For example, what is an employee which managed a restaurant applied for FMLA in order to take care of their aging parent who had cancer? If during the 12 weeks of FMLA the company had to hire a replacement for the restaurant manager (restaurants cannot run themselves) and when the manager return back to work, the employee sued the company to gain her job back at the location where she actually managed.

The company had a job at another location less than 50 miles away, not as a manager, but yet at the same salary. Could the employee sue and what type of outcome based on the questions below would arise?

Analyze the experienced employment situation and describe the legal actions taken to handle or resolve the situations. What type of employment issues and situations would be encountered, explaining and addressing as many of the following items in the paper as they apply to the experience:

1. Describe the history and evolution of federal employment laws pertaining the employment situation noted above. Include descriptions and application of such acts as Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act.

2. Describe in what manner the above-discussed federal employment laws were effective in resolving or not resolving in the situation above.

3. Describe which actions, if any, the employers involved in the situation were obligated to perform certain functions as a result of complying with the federal employment acts.

4. Explain how the employment situation would or could have been handled if the worker involved in the situation was not an "employee," but an agent of the company or a contract laborer. Explain whether or not the protection afforded workers under the federal employment acts applies to agents or contract laborers.

5. Describe how the situations would or could have been handled if the worker was a member of a union or a party to a collective bargaining contract.

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Can you assist me with hypothetical employment law questions surrounding Family Medical and Leave Act (FMLA)?

For example, what is an employee which managed a restaurant applied for FMLA in order to take care of their aging parent who had cancer? If during the 12 weeks of FMLA the company had to hire a replacement for the restaurant manager (restaurants cannot run themselves) and when the manager return back to work, the employee sued the company to gain her job back at the location where she actually managed.

The company had a job at another location less than 50 miles away, not as a manager, but yet at the same salary. Could the employee sue and what type of outcome based on the questions below would arise?

It is required that the employee's job be reinstated in the same conditions that she left. Offering her a job at a different location is not acceptable. Taking care of aging parents who have cancer is a valid cause for availing herself of the FMLA. The restaurant had to have a replacement in the interim, that replacement could have been made on temporary basis and that temporary employee offered the position 50 miles away. Since the employee gets FMLA protection, she can sue and the outcome will be in favor of the employee. Reinstatement is a right of the employee unless there are some specific circumstances.

Analyze the experienced employment situation and describe the legal actions taken to handle or resolve the situations. What type of employment issues and situations would be encountered, explaining and addressing as many of the following items in the paper as they apply to the experience:

The employment situation experienced above is commonly encountered in ...

Solution Summary

This posting answers hypothetical employment law questions relating to Family Medical and Leave Act.

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