Employment Law

Week Five Assignment

Employee Safety, Health, and Welfare Law Paper

MGMT 434 Employment Law

December 19, 2007

Employee Safety, Health, and Welfare Law

Introduction

The Family Medical Leave Act (FMLA) for eligible employees and is obligated by federal law to do so when the situation warrants. The policy contains specific information on how this leave is to be applied for the employer and employees.

The employer has the responsibility to notify employees about their right to Family and Medical Act (FMLA).

The employer has a requirement to place a notice for all employees about the basic provisions of FMLA. The employer receives a $100 civil penalty for each offense failing to place the notice. Employers are forbidden from discriminating against employees who obtain the FMLA leave.

The FMLA supply certain employees with up to 12 weeks of unsettled paid, job confined leave for each year. The FMLA insist that the employee group health benefits to be continue during the leave.

The FMLA is intended to assist employee stability his or her family and work responsibilities by allowing the employee to take logical unsettled paid leave for specified medical and family reasons. The FMLA looks to contain the lawful safety of employers and support the equal employment opportunity for women and men.

The FMLA is applied to all public agencies, public and private elementary schools and secondary, and companies with 50 or more employees. These employers have to grant a qualified employee with up to 12 weeks of unsettled leave each year for the following reasons:

The employee birth and care of a newborn child, and the care a child of an employee with an adoption or foster.

Immediate care for a family member, this includes a child, spouse or someone with a critical health conditions.

Receive medical leave when the employee is not capable to work, because of a critical health condition.

Employees are entitled for leave if they have worked for their employer at least 12 months, and at least 1,250 hours in excess of the past 12 months, and work at a position where the company employs 50 or more employees within 75 miles. An employee whether he or she worked the minimum 1,250 hours of service is strong-minded according to FLSA principles for formative compensable hours or work.

Time taken due to complications of a pregnancy can be counted against the 12 weeks of family and medical leave.

The Department of Labor administers FMLA; and the Office of Personnel Management (OPM) administers FMLA for most Federal Government employees.

The Worker's Compensation Occupational Safety and Health Act (OSHA). The Labor Department a Division of Occupational Safety and Health, which has two subdivision for safety, and health and other subdivisions as the commissioner consider to be necessary. This division manage all matters pertaining to occupational safety and occupational health. The Labor Department may require the assistance of other state agencies and may enter into agreements with other state agencies and political subdivisions of the state for the administration. The Labor Commissioner shall provide for coordination between the Division of Occupational Safety and Health and the Workers' Compensation Commission which shall include but not be limited to establishment of standardized procedures and reporting (Chapter 571, 2007).

The Occupational Safety and Health Act of 1970 (OSH ACT). The Act assigns OSHA two regulatory functions: setting standards and conducting inspections to ensure that employers are providing safe and healthful workplaces. The OSHA standards may require that employers adopt certain practices, means, methods, or processes reasonably necessary and appropriate to protect workers on the job. Employers must become familiar with the standards applicable to their establishments and eliminate hazards (U.S. Department of Labor, 2007).

Compliance with standards may include ensuring that employees have been provided with, have been effectively trained on, and use personal protective equipment when required for safety or health. Employees must comply with all rules and regulations that apply to their own actions and conduct (U.S. Department of Labor, 2007).

The OSHA encourages states to develop and operate their own job safety and health programs. The OSHA approves and monitors the state plans, which operate under the authority of state law. Currently 22 states and jurisdictions operating complete state