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chapt 10

Terms in this set (14)

Jolene has 24 days of "sick leave" built up (accrued). Her company policy states "sick days may only be used by the employee for the employee's own personal illness and/or the illness of a child under the age of 12." Jolene has taken FMLA leave to take care of her sick mother who is staying in her (Jolene's) home. She is requesting that she be allowed to use the 24 days of built up sick leave since she will be paid for those days. Otherwise all her other leave - personal days - have been used up and she will not be paid. Can she use her sick days so she will be paid for 24 days while on FMLA leave?
No. If the company sick days are only for Jolene's own illness or for a child, she cannot use those days while on FMLA leave to take care of her mother.
Work-life conflicts can come about because
All the other answers are correct.
If an employee knows he will be requesting FMLA leave in the future - that it is a foreseeable situation (perhaps a hip operation in the next few months) he needs to give his employer at least ____ days notice.
30
The federal Pregnancy Discrimination Act (PDA)
All the other answers are correct.
In Chapter 10, the author (Walsh) states the about 42% of leaves taken in 2012 pursuant to FMLA (Family and Medical Leave Act)
were for 10 days or less.
Jana is a Vice President in charge of Finance for Employer. She is a key employee as she is in the top 10% of paid employees for Employer. Jana has to deal with some serious health issues and requests FMLA leave for 8 weeks.
Employer must provide FMLA leave for Jana but is not required to restore her to her position when she returns (VP for Finance) if so doing would create a substantial hardship / economic injury.
Jenna is in the Iowa National Guard. She is deployed overseas for one year. Pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), does Jenna's employer have to pay her during the time she is deployed with her military unit?
No. Jenna's employer is not required to pay her during the time she is serving our country but hopefully it (her employer) will pay her at least the difference between what she would have made while at work and her military pay or provide with some compensation during that time.
A man interviewed to be a teacher at a community college. He scored really high on various written components of the application - writing sample, knowledge of subject matter, etc. He had excellent credentials from well-known universities in his field of study. He was active in a variety of professional groups. However, when he actually interviewed for the teaching job, the interview committee determined his accent was so strong and at times difficult to understand he was not qualified to teach students. The committee pointed out that unlike a large university, community college teachers often have a lot of personal interaction with students in smaller, face to face classes. Was this man the victim of illegal discrimination?
Yes, no question. It appears he had excellent qualifications but he was not considered for the job because of his heavy accent. This is discrimination based on national origin and is wrongful. It is not legal to discriminate against people because they have an accent.
Which of the below is correct concerning an interference with FMLA rights lawsuit versus a retaliation case (filed by an employee who was fired for taking FMLA leave).
A retaliation case is more difficult to prove than an interference of FMLA rights case.
Upon returning to work after FMLA leave, the employer is required to restore the employee to the same position she had before the leave started or an equivalent position. An "equivalent" position is one that has the same ____ as the person's prior job.
All the other answers are correct.
Tim was in a car accident and could not return to work for 6 weeks. He applied for FMLA leave and that was granted. During the time Tim is on FMLA leave
his employer must maintain his health insurance under the same condition as if he had not taken leave.
Lori works for Employer. Lori is an at will employee (meaning she can be let go at any time for any reason). Lori requests to take FMLA leave for 3 weeks as she will be having an operation. The employer terminates her employment. Has the employer done anything wrong?
Yes. The employer may not legally fire Lori for requesting FMLA leave.
According to your author, most litigation involving FMLA
results from a breakdown of the law's hoped-for cooperative dialogue between the employer and employee.
According to "The Changing Workplace" on Pages 373/374 of the Walsh text, the percentage of women in the U.S. labor force over the past few decades has been _________ the past few decades while it has risen in European countries with more extensive family friendly. work related policies.
falling.
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