September 15, 2014
Western Governors University
LIT1 Task 1 –Labor and Employment Law
Employee A has been with Company X for two years. Employee A was given leave in order to be with their spouse and newborn.
Employee A took FMLA leave for 11 weeks. Upon returning to work, the employee wants to be paid for the time they took the leave. The previous department manager left the company during Employee A’s leave.
The new manager has agreed to place employee A in an equivalent position and pay but will not pay the employee for the 11 weeks of leave.
Key Provisions and Outcome
The Family Medical Leave Act refers to public and private companies, and companies that have 50 employees or more. The FMLA states that employers must give an eligible employee up to 12 weeks of unpaid leave each year. (Perez/ Department of Labor, n,d.). In this situation employee A worked at company X which has over 75 employees and took 11 of his allowable 12 weeks in accordance to FMLA.
In accordance to FMLA, an employee must have worked for their employer for 12 months and must have worked 1250 hours. The employee can take FMLA for the birth and subsequent care of a newborn child. (Perez/ Department of Labor, n,d.). In this situation employee A had just recently experienced the birth of a newborn child and worked at Company X for two years.
The FMLA allows for employers to grant unpaid leave for a covered event such as the birth of a child. The law states that the leave is to be unpaid and upon return the employee must be restored to an equivalent position and salary. (WGU-Skillsoft, n.d.). In this situation employee A has been placed back at his previous salary and in his previous position. In accordance to FMLA law, employee A’s 11 weeks of FMLA do not have to be paid.
There has been no violation of the FMLA.