Review the case study Noncompliance with the Family
Medical Leave Act (FMLA) in Chapter 8 (pg. 225) of Pozgar (2020).
Without including an abstract, address the following in an APA-formatted Word
document of 1,000 to 1,500 words:
·
Describe what recourse
the employee has when faced with discriminatory practices, both within the
corporation and outside of the corporation.
·
Describe the legal and
ethical issues presented by the case.
·
Recommendations
actions organizations can take to avoid such legal and ethical issues.Support
your perspective using evidence-based information from at least
3 authoritative (Links to an external
site.) sources.
Comply
with Rules and Regulations
The governing body in
general and its agents are responsible for compliance with federal, state, and
local rules and regulations regarding the operation of the organization.
Depending on the scope of the wrong committed and the intent of the governing
body, failure to comply could subject board members and/or their agents to
civil liability and, in some instances, to criminal prosecution. The
following Reality Check describes
what can happen when an organization fails to comply with the provisions of the
Family Medical Leave Act (FMLA).
Noncompliance with the Family
Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) of 1993 was enacted to grant
temporary medical leave to employees up to a total of 12 workweeks 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 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 the same or similar position without financial penalty (e.g.,
prorated salary increase) after her return from family leave.
One organization chose to
penalize an employee’s employment status by removing the employee’s part-time
status for the remainder of the year in which family leave had been granted and
taken. In addition, this same organization’s leaders prorated the employee’s
salary increase. In effect, this was a penalty that would be compounded each
year the employee worked in the organization.
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
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