Lit1 Task 2

In: Business and Management

Submitted By nlane20
Words 827
Pages 4
MEMORANDUM
TO: SENIOR VP OF OPERATIONS
FROM: DIRECTOR OF HUMAN RESOURCES
SUBJECT: SITUATIONAL REVIEW
DATE: 9/18/2012

Having reviewed the three cases that were brought to my attention to be analyzed I am, hereby, submitting my formal review of each independent situation.
Situation A
In the case of Employee A, we must take into consideration the regulations of the Family and Medical Leave Act. The FMLA regulations protect employees by allowing for 12 weeks of unpaid leave during a 12 month work period. The employee is further protected by being allowed to return to their former position, with the same pay rate and benefits they had before taking leave. However, there are restrictions such as company size and how long the employee has worked for the company. For starters, our company has more than 50 employees and therefore, we are required to provide FMLA leave. Furthermore, Employee A has worked for the company for two years and the FMLA stipulates that an employee must be employed for at least 12 months. The facts of the case are that Employee A requested leave for the birth of his twins which was granted to him by the previous manager of his department. Our current department manager has allowed for Employee A to return to work and is continuing his pay at the rate prior to his leave. The cause for concern lies in the denial of recuperation of Employee A’s withheld salary during the 11 weeks he was on leave. When choosing to deny Employee A’s request to be paid the amount of the withheld salary, our current department manager is acting well within FMLA regulations. However, according to the Code of Federal Regulations, “FMLA permits an eligible employee to choose to substitute accrued paid leave for FMLA leave” (Substitution of Paid Leave, 2010). It would be in our best interests to evaluate whether or not Employee A would be eligible to…...

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