Discussion: Temporary Medical Leave
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Discussion: Temporary Medical Leave
Noncompliance with the FMLA The FMLA of 1993 was enacted to grant temporary medical leave to employees up to a total of 12 work weeks of unpaid leave during any 12-month period for such things as the birth and care of an employee’s child, the care of an immediate family member with a serious health condition, or the inability to work because of a serious health condition. After an FMLA leave, the employee’s job—or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment—must be restored. Ten CEOs and human resource directors were randomly queried to determine their compliance with the FMLA. Specifically, in 9 of the 10 organizations queried, a nurse, for example, would be returned to her same or a similar position without financial penalty (e.g., pro-rated salary increase) after her return from family leave. On appeal by the employee to the United States Department of Labor, this organization was required to reimburse the employee for lost wages unlawfully withheld from the employee during the year in which family leave had been taken.
1. Discuss what recourse the employee has when faced with discriminatory practices, both within the corporation (e.g., register a complaint with the organization’s human resource department and/or compliance officer) and outside the corporation (e.g., file a complaint with the Department of Labor).
2. Such activities raise both legal (e.g., interpretation of the law) and ethical issues (e.g., nonmaleficence and the principle of justice). Discuss the issues.
You must proofread your paper. But do not strictly rely on your computer’s spell-checker and grammar-checker; failure to do so indicates a lack of effort on your part and you can expect your grade to suffer accordingly. Papers with numerous misspelled words and grammatical mistakes will be penalized. Read over your paper – in silence and then aloud – before handing it in and make corrections as necessary. Often it is advantageous to have a friend proofread your paper for obvious errors. Handwritten corrections are preferable to uncorrected mistakes.
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