LABOR AND EMPLOYMENT LAW

Labor and Employment Law

Labor and Employment Law

This paper revolves around three situations all related to labor and employment law. The first situation calls for the implications with regards to Family and Medical Leave Act of 1993. The second sitation is based on Age Discrimination in Employment Act of 1967. The third situation is based on Americans with Disabilities Act of 1990.

Situation A: Family and Medical Leave Act of 1993

Leave may be taken for one or more of the following reasons: when the requested leave is due to (a) the birth of an employee's son or daughter, (b) placement of a child with the employee for foster care or for adoption, (c) the employee's own serious health condition, or (d) the serious health condition of a member of the employee's immediate family (spouse, son, daughter, or parent).

The FMLA allows a qualified worker up to 12 weeks of unpaid leave during a 12-month period to attend to various health-related conditions: the birth or adoption of a child, serious personal health conditions, or the care of a sick child, spouse, or seriously ill parent (Gerstel, 2005). The bill guarantees relative job security and requires employers to maintain the same level of employee health benefits paid prior to the leave.

Workers such as Mr. X in this case, are eligible for FMLA rights if they have worked for a covered employer for a minimum of 12 months and have worked at least 1,250 hours during the previous 12 months. It has been estimated that half of American workers are not covered because they work for small employers, have recently changed jobs, or are part-time workers. So there is a liability on the new manager of the firm to disburse the withheld salary of the past eleven months.

Situation B: Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623(a)(1)-(d), protects employees from discrimination in the workplace because of their age. The policy behind the ADEA is to protect older workers from stereotypes that they are inefficient or that because of their age, they can no longer perform at the same level as younger workers. The ADEA prohibits discrimination against employees in hiring, firing, or other terms and conditions of employment if they are 40 years of age or older. Individuals under 40 years old do not have a claim under the federal law (Gold, ...