Employee Safety, Health, And Welfare Law

Abstract

The information will examine the application and implication of the Family Medical Leave Act and Occupational Safety and Health Act. These two acts are important to both the employee and the employer. The research will show how both the employee and the employer are impacted by these two acts. The research will also examine the employers' responsibilities to these acts. In addition, there will be discussion regarding the protections that this law provides for employees.

Employee Safety, Health, and Welfare Law

The Family Medical Leave ACT (FMLA) is for eligible employees to have the privilege of taking a leave of absence for up to 12 weeks of unpaid leaving during any 12 month period. The request for a leave of absence can be for any of the following reasons: birth and care of a newborn child, a placement with an employee of a child for adoption or foster care, and when an employee is unable to work due to a serious health condition. The definition of an eligible employee is an employee who must have been employed for at least 12 months and is employed where 50 or more employees are employed by the employer within 75 miles of the workplace (Bennett-Alexander, Hartman, 2007).. If an employee requests an intermittent Family Medical Leave the employer may recommend that the employee transfer temporarily to an alternate position that the employee is qualified for and will receive the same pay. Having an employee move to this alternate position will not be as harmful to the company if the employee was out for an extended time as it would be if the original position was to remain vacant. If the employer has two employees who are married both husband and wife are maybe entitled to the 12 workweeks during the 12 month period if the leave is for the birth of a child, adoption or to care for a sick parent (Bennett-Alexander, Hartman, 2007).

If the employee is able to predict when the leave will need to be the employee must give the employer a 30 day notice. This request could be for the birth of a child, and an adoption which the employee could give a possible date of when the leave would take place (Bennett-Alexander, Hartman, 2007). Providing this information given to the employer will allow the employer time to reallocate any sensitive deadlines or redistribute the employees’ assignments to another employee. If an employee is in the instructional field and the leave will be more than three to five weeks and if the leave affects the term the employer may ask the employee to continue the leave until the term is completed. Making the request is so that the students will have continuity with the same instructor.

b. Worker’s compensation Occupational Safety and Health Act (OSHA)

The Occupational Safety and Health Act were established to ensure safe working condition for the employee. This act also provided the employer the ability to have their own safety and health programs however; they must meet the OSHA standards for their programs. The applicability of this act is to apply with work performed in a workplace. This act was designed to encourage employers and employees to reduce the hazards and to implement new or improved safety and health standards. Secondly, to provide research in the occupational safety and health so that innovative ideas in dealing with occupation safety and health problems. Thirdly, to establish separate yet dependent responsibilities for the employee and employer to achieve the best safety and health condition possible. Fourthly, to maintain a reporting and accurate record keeping system to monitor job related injuries. Lastly, would be to have the employer develop a mandatory safety and health standards for the company to enforce effectively.

a. What are employers' responsibilities under the law?

The employers’ responsibility under the law for the Family Medical Leave is the employer