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Labor Law Issues

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1. FMLA: According to an explanation published online on the U.S. Department of Labor's official website, an employer is permitted to choose any one of the following methods in establishing the 12-month period in which the 12 weeks of Family Medical Leave Act leave can occur:

3. The 12-month period measured forward from the date an employee's first FMLA leave begins; or,

4. A rolling 12-month period measured backward from the date an employee used any FMLA leave.

Under methods 1 and 2 as described above, an employee would be entitled to up to 12 weeks of FMLA leave at any time in the fixed 12-month period selected. As a result, an employee could in theory take 12 weeks of leave at the end of the year or 12-month period, and an additional 12 weeks at the beginning of the following 12-month period meaning that an employee could in theory have up to 24 weeks of unpaid FMLA leave in a row.

Under the method described in section 3, an employee would be entitled to 12 weeks of leave during the year beginning on the first date FMLA leave is taken; the next 12-month period would begin the first time FMLA leave is taken after completion of any previous 12-month period.

Under the method described above in section 4 involving a rolling 12-month period, each time an employee takes FMLA leave the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediate

. . .
Scorza, if an employer exerts control over home working conditions, the employer probably will be responsible if an accident occurs at home. But if the employer does not exert control, dangerous home conditions might exist that still would result in employer liability. This liability is likely because of the broad view of workers' compensation legislation the courts traditionally apply (Scorza, 1998). I believe that employers should be responsible for employee safety in the home and that worker's compensation benefits should apply to injuries that occur while the employee is working from home just as they would if the employee were working at any other job location such as in another office of their employer or at a customer's worksite. 4. Notification: According to an essay by James Pabarue and Tia Burke published online on the Christie, Pabarue, Mortensen & Young website, employees need to be aware of their rights before they can be exercised, employers are charged with notifying employees of their FMLA rights and responsibilities. Employees, in turn, must provide employers with notice of the need for leave so that disruption to business operations is minimized. Employers must provide general notice to all employees about ri
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Approximate Word count = 1904
Approximate Pages = 8 (250 words per page)

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