Human Resources Management and Law - Module 4

Human Resources Management and Law - Module 4

Introduction

The human resource practices in organizations are highly influenced by their federal and state laws. Every organizations provides their employees numerous benefits. Some of these employee benefits are regulated by employees, whereas some are done voluntary for the organizations. Some of the employee benefit laws include The Americans with Disabilities Act, The federal Family and Medical Leave Act, Civil rights Act 1964 and Equal employee opportunity Act (US Department of Labor, 2013). Maintaining appropriate relationship between employee and employer is essential and directly linked with the performance of organization.

This paper examines the case which is provided in Module 4 and elaborates how to properly handle the situation. This case is based on the legal application of FMAL employee law. Further, the paper explains two court cases of United States which involved legal issues regarding employee benefits.

Analysis

Module 4 - Case

According to FMLA leaves, the employees have right to take a 12 week unpaid leave from work. FMLA protects employees' job from termination and is specified for family and medical reasons. There is a potential legal issue here as Ellen is taking leaves according to company's procedure. Moreover, it is her legal right to take 12 weeks FMLA leave because of medical reasons (US Department of Labor, 2013). Mike is concerned about her performance and not about the health issues. Mike should encourage Ellen to take proper leaves as per procedure and return to job after she completely regains her health.

The employer must consider the fact that according to FMLA leave policy, employees is entitled to return to the same position after 12 weeks leave for serious health conditions. It is unlawful to deny FMLA leave of any employee as it is the violation of law and which allow the employee to take legal action. In this case, Mike first examine the proper guidelines of FMLA leave and then take decision for Ellen (US Department of Labor, 2013). Further, for performance Mike should also discuss the matter with Ellen, providing feedback and taking appropriate measures to maintain the performance level. Mike should not interfere in Ellen's 12 weeks FMLA leave as she has been working for past 15years. Until Mike does not find an appropriate reason for terminating Ellen, he should examine the matter further.

Important take-aways for employer from this case is that employer must accept FMLA leave application; ...