chapter 22 - Chap. 22 Lesson Chapter 22 Lesson Chapter 22 -...

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Chap. 22 Lesson Chapter 22 Lesson Chapter 22 - Other Statutory Regulation of Employment OBJECTIVES: After completing this lesson, the required reading, and the assignments, learners will be able to: 1. Understand the scope of protection that the Family and Medical Leave Act provides for employees. 2. Describe the legal principles governing age and disability. 3. Understand how workers' and unemployment compensation laws benefit employees. 4. Discuss how the Fair Labor Standards Act affects employers and employees. 5. Describe how the Employment Retirement Income Securities Act regulates company pension funds. Parental and Family Leave: The Family and Medical Leave Act (FMLA) The FMLA provides employees with 12 weeks of unpaid leave when a child is born or adopted, or when the employee or the employee's spouse, parent, or child is suffering from a serious health condition. An employee who takes advantage of this leave is entitled to the same or an equivalent job upon his or her return. Employees who want to take unpaid leave pursuant to the FMLA must give the employer 30 days notice when "practicable." Employers may deny such leave to "key" employees - those without whom the employer cannot operate. Key employees who take leave for family or medical reasons may be permanently replaced. The FMLA is a relatively new statute, enacted in 1993. Thus, few court cases have interpreted the meaning of certain terms, such as what is (or is not) an "equivalent" job. Presumably, an equivalent job would mean the same salary and benefits the employee had before taking the leave; it does not necessarily mean, however, the same job. What do you think about the provisions of the FMLA? My former in-laws' Swedish foreign exchange student who lived with them for a year during high school several recently had a baby in Sweden. His wife is automatically entitled (and perhaps required) to at least one year of paid leave from her job. I believe he is similarly entitled to several months, if not a year, of paid leave himself. How does this compare to the 12 weeks of unpaid leave American workers have? How many families do you know who can afford to take 12 weeks of unpaid leave? Should American workers be entitled to more? Should employers be required to bear that burden? Can they? Other Federal Statutes Prohibiting Discrimination The Civil Rights Acts of 1866 and 1871 The Civil Rights Act of 1866 was originally enacted to protect the rights of the newly freed slaves, but courts have since interpreted it to allow plaintiffs to sue for damages for intentional race discrimination in terms or conditions of employment. Section 1983
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chapter 22 - Chap. 22 Lesson Chapter 22 Lesson Chapter 22 -...

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