Situation A
According to the Family and Medical Leave Act of 1993, a company who employs 50 or more people must provide employees who qualify under the FMLA an unpaid leave of absence of up to 12 weeks for the purpose of any of the following; birth or adoption of a child, personal or family illness. In accordance with the act, Employee A has been with the company for over 12 months and so is entitled to return to his previous job at the same rate of pay he was making at the time of his departure. If his previous position has been filled during his absence, we must provide him with a different position, but at the same pay rate as his previous job.
In regards to Employee A’s request for request for unpaid salary, the manager was correct in denying Employee A’s request for the withheld pay. FMLA states very clearly an employee is only entitled to up to 12 weeks unpaid leave. Unless he has written documentation from his manager and approved through HR stating he is entitled to his withheld salary, then we are in compliance with the Family and Medical Leave Act. Please advise employee A that his request has been reviewed by HR and has been denied in accordance with FMLA.
Situation B
The Age Discrimination in Employment Act sets out very clear guidelines pertaining to employees over the age of 40. According to the Discrimination in Employment Act, it is illegal for a company to refuse to employ, dismiss or show any type of prejudice against anybody over the age of 40, as long as the company employees more than 20 people. As a company who employs over 75 employees, we are required by law to follow the guidelines of this act. Unfortunately, by denying Employee B the promotion based on his age and no other factors, we are clearly in violation of The Age Discrimination in Employment Act. Unless you have valid documentation that Employee B is a risk to himself, the company or other employees, then this decision must be reversed immediately. By...