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Employee rights and employer responsibilities
Employer responsibilities and employee rights
Employee rights vs employers rights
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To whom this may concern: I received an appeal that was filed by the Odyssey Learning Center by their director of compliance, Gayon Mills-Austin, stating that I had been discharged for reasons other than willful misconduct in the course of my employment. I was hired to the learning center on January 25th, 2017. I informed Mills-Austin that before I had been offered the position as an assistant teacher, that I had a vacation that was already booked between March 9th thru March 20th, 2017. This was at the time not an issue because not only Gayon, but my boss at the time, Monisha Gibson, also informed me that this trip would not be a problem because it was booked before I had gotten hired. On June 2nd, 2017 I filled a vacation leave request stating that I needed the 24th-28th of July off to attend a family wedding …show more content…
Mills-Austin denied my request stating that I had used all of my vacation days. Because of the conversation I had with Gayon and Monisha in March, I didn't think those days I had taken would then be used against me, especially unfairly. I spoke with serval of my colleagues and also members of the senior management team to get a better understanding as to why I was denied when I had witnessed serval of my colleagues leave without permission or call out repeatedly with no consequences. One of my colleagues, Emma Butler, expressed to me that she had a similar situation with Mills-Austin. When Butler's days were denied, she still processed to go on her trip and only came back to the consequence of a write up. A member of the senior management staff, Emily, specifically told me that she was "curious to see what my consequence would be because so many people had left regardless of denied leave-of-absences and came back to no consequences". I furthered my search when I referred back to the employee
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
My name is Kaha Salad and I am appealing my Satisfactory Academic Progress suspension. Autumn semester of 2013 was a difficult time for me, I was going through many different changes in my life and I just didn’t know how to adapt. I experienced a personal event in the summer of 2013 that made my life change forever. My Grandmother Khadija died, she was the light of my family’s lives. My mother was immensely affected by her death, she went into a state of depression and she then stopped working. I took it upon myself to help out my grieving mother and get a job to help pay with the bills that was piling up. I began working
The FMLA was passed to help families in the time of a crisis so that the individuals would not have to choose between work and personal responsibilities. The eligible employees are permitted to take unpaid, job-protected leave for specified family and medical reasons. The leave can last up to twelve workweeks in any twelve-month period. Reasons for leave include: pregnancy, prenatal complications, adoption/ fostering of a child, hospitalization, care of an immediate family member, or a health condition that makes the employee unable to do his or her job (Solis). This law applies to any employer “engaging in commerce” ...
punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by the affected state or locality of
Hope told Ms. Lawson she would help her find a new physician as Access Family Care Clinic wasn’t filing anymore of Ms. Lawson’s prescriptions. Ms. Lawson was also told she’d have to seek outside counselling. She wasn’t given any written notice that she was fired as a patient just received verbal information from Hope.
The qualifications will be based on one’s performance, time with the company, and more importantly, need-based. According to Etizion (2003), vacations improve the quality of one’s personal life and an employee’s job performance. If the employee who believes they are in need more time away from work due to feeling burned out or overworked, permitting them to purchase additional vacation time can aid in their performance and involvement with their company. Paying for more vacation time will be based how much money is contributed to their employee spending account. This is different from regular vacation time where one is automatically paid for their 2-3 weeks of PTO time per year. Instead, my solution is to offer a need-based break at one’s will, and that is paid for by the employee. I believe this solution upholds ethical standards because it can allow the company to consider the worker’s well-being and
Overall the Family and Medical Leave Act has raised many issues on whether leave should be encourage and/or paid for by the employers. As of today, no haven policy has been enacted to tackle the challenges surrounding this issue, but positive steps have been taken and one day there will be no question that hard working employees will get the rights they
The Family and Medical Leave Act (FMLA) was passed in 1993 and allows employees to take unpaid leave for up to 12 workweeks in any 12 month period because of any of the following reasons: the birth or adoption of a child, for the care of a family member with a serious health condition, or because the employee’s own serious health conditions makes the employee unable to perform the functions of her or her job. This paper will discuss the advantages and disadvantages to both the employer and the employee concerning this act. The current use of FMLA and management concerns over the FMLA will also be discussed.
This legislation does not prevent dismissals from occurring but only allows the employee to challenge their dismissal. The Unfair Dismissals Act 1977-2007 is the legislation that covers the basis for Alfie’s case. In his case, he seeks to prove that his dismissal was unfair and unwarranted. Thereby seeking redress from his employee. Many aspects of his case are pertinent to the Acts as the facts indicate.
Rousculp, M., Johnston, S., Palmer, L., Chu, B., Mahadevia, P. and Nichol, K., 2010. Attending work while sick: Implication of flexible sick leave policies. Journal of Occupational and Environmental Medicine, 52(10), pp.1009--1013.
Child’s Absences: There are no refunds or discounts when a child is absent. Payment is still required regardless if a child is present or not. Maternity Leave:
Section 188 of the Act (Labour Relations Act) stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Persons or Employers considering whether or not the reason for dismissal is of fair reason is in accordance with fair procedure must take into account any relevant Code of Good Practice issued in terms of Schedule 8 of the Act – as discussed here-in:
In this case, Saito Sdn. Bhd. unilaterally terminated the benefits enjoyed by Roslan. When Roslan believes that her employer is accused of breaching an implied term of the employee’s contract of the employment as her employer had removed the benefits from her and generally it clear that the employee is no longer important. Therefore, constructive dismissal occurred. In this situation, Roslan was advised that make a formal complaint to her employer requesting that the problem be rectified. For instance, Roslan should write a formal letter to her employer asking for the reinstating the previously benefits. If no satisfactory rectification is made, the employee can walk off the job. The law of constructive dismissal requires the employee to leave in a timely manner. She must not delay too long.
There are thousands of things I love, but vacation is on the number one list. Many times over the years I have taken vacation time; It was only a while back, when I realized how amaz-ing, and the great value it gives the sole and body. There have been times when I felt not wanting to leave my work, whether it’s financial problems or among other things. Other times I thought my work was at a decisive juncture and it wouldn 't get accomplished without me. All profession-als or employees know that the money does not just make itself unless they are there to make sure everything is going according to their policy. I know I am not alone in making excuses not to take a vacation. When I asked a couple of my co-workers, they also agreed on not even taking a week off for the entire year, some even included holidays.
They will need to provide certification for one or multiple health care providers at the employer’s expense for more clarification of why the employee needs the leave of absence. “An employer may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition” (SHRM) If the employer feels that the employee is not able to return to work due to major health conditions they may also require a letter from their health care professional approving their return.