Labor and Employment Law

Running head : Labor and Employment Law

Labor and Employment Law

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Labor and Employment Law

Brief Introduction

In every organizational set up , the Human Resource Department (HRD plays a critical role in manpower deployment and functions in minimizing financial risks of the company 's capital investments . The common challenge to the role of the HRD is the promotion of organizational polices and the overall management of the compensation and benefits of the employees . Relevant to this challenging

role of the HRD is the implementation of mandatory governmental laws on labor and employment This will discuss and examine how the HRD respond to the perspective of the organization relating to issues and situations that deals with the Federal mandates on labor laws

Overview of issues

The HRD Director of Company X with more than 75 employees is primarily responsible for hiring and complying with Federal regulations , and ensures that employment issues are being resolved by the Department Managers . Eventually , three situations were brought out by the Senior Vice-President of operations for the HRD to resolve , such as (Situation A ) a regular employee was granted paternity leave of 11 weeks by the Department Manager and be paid upon return to work , however , the new manager who replaced the latter denied the 11-week withheld pay (Situation B ) a 68-year old employee serving 42 years with above average ' performance appraisal was denied promotion due to old age contrary to the adequate ' performance appraisal of a 32-year old employee who was then promoted and (Situation C ) an applicant with leg paralysis that moves only through a wheelchair was denied employment due nature of work that requires mobility to the whole company offices and premises accessible only by stairs and elevators , being on a wheelchair could access the elevator by lowering two inches of the pads , but the applicant 's employment was considered to cause company liability or hardship

The Federal mandates

Situation A

The case of Situation A relates the Family and Medical Leave Act (FMLA of 1993 . Under FMLA , a regular employee who is employed for more than one (1 ) year with a rendered service of 1 , 250 hours over twelve (12 months is eligible for twelve (12 ) weeks of unpaid and protected leave effective of family-related and medical causes (US Department of Labor 1993

It is clear from the FMLA provision on eligibility of employee to be granted with due compensation arising from the cause of leave and the tenure of employment . In Situation A , it was only an 11-week grant of leave of absence [for a paternity leave] that would be compensated with the upheld salary upon return to work . To specifically cite and quote the provision to take care for the employee 's child after birth , or placement for adoption or foster care , in which employees must be restored to their original or equivalent positions with equivalent pay benefits , and other employment terms , and FMLA shall be violated when an...