July Weekly Assignment
Faint
WeekTwoAssignmentPaper23July2022.docxWeekly Paper Assignment Rubric and Instructions
There will be one paper assigned each week. You may choose any topic from this week's readings. Gather information from the textbook and outside sources. You may use APA or MLA to format your citations, but YOU MUST use Times New Roman 11-point font, 1.5 spacing, and 1-inch margins. The paper length below refers to textual content. Title pages, abstracts, charts, graphs, pictures, references sections, etc. will not be considered as part of your page length. These are extras added to enhance the paper. Please cite all of your sources. This paper is due Friday night. The papers are worth forty points each week, for a total of 160 points.
Quality of Weekly Papers
Level 1
The topic is relevant to readings and covers information from the textbook. The textbook is cited as the source as well as at least one outside source.
Level 2
Level 1 plus – Paper uses personal examples and applies theories to the author's current position and circumstances. The Paper thoroughly covers the topic using at least three outside sources.
Level 3
Level 2 plus – Going above and beyond to provide cutting-edge trends and changes in the topic. The paper includes data from current sources and a chart or graph in appendices. The paper brings in information from current year sources and cites five sources outside the text. Cite sources in-text and include the full source at the end of the paper. The appendix includes visual representations of data and any examples referenced in the paper.
Week Two Topic: Pregnancy Discrimination and FMLA
Pages: Five pages exclusively (plus title and reference pages = 7).
Textbook:
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
Chapter 12
Pregnancy Discrimination and
Family and Medical Leave
Employment Law:
New Challenges in the Business Environment
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Chapter Checklist
Learn the requirements for taking family and medical leave.
Define serious health condition.
Understand that health benefits are maintained during family and medical leave
Appreciate that a health care provider’s certification of a serious health condition may be required.
Know that medical leave may be granted on an intermittent or consecutive basis.
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Realize that family leave applies to fathers as well as mothers for the birth of a child.
Be aware that adoptive parents are entitled to family leave.
Understand the purpose of the Pregnancy Discrimination Act.
Be apprised of why some employers do not want to employ pregnant workers.
Be cognizant of the existence of fetal protection policies.
Chapter Checklist (Cont.)
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Pregnancy Discrimination
Pregnancy Discrimination Act of 1978
Amendment to Title VII of the 1964 Civil Rights Act
Made discrimination on the basis of pregnancy illegal in the US
Pregnant women must be treated the same as other employees or applicants
Must be judged by the ability to perform rather than their physical condition
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Pregnancy Discrimination (Cont.)
Some employers have prenatal counseling programs, nurses, and counselors
Helps reduce absenteeism, minimizes complications, aids in maintaining employee efficiency
Some employers are contributing more towards obstetrics care
Assists in allowing for a healthy pregnancy which also helps in a quick return of the employee in addition to reducing absenteeism and maintaining efficiency
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Fetal Protection Policies
Companies that deal with hazardous chemicals and toxic waste are concerned with liabilities, particularly with female workers in childbearing years
Exposure of a fetus to these hazards could be detrimental
Companies want to lower the risk of expensive potential lawsuits
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Fetal Protection Policies (Cont.)
To lower the chance of lawsuits, fetus protection policies have been adopted by certain companies
Prohibit women in childbearing year from working with hazardous materials
Places economic burden on these women
Some companies will arrange transfers with often lower compensation or without overtime benefits
Women claim this is discriminatory since their childbearing state has no impact on job performance
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Family Leave
Family and Medical Leave Act of 1993
Eligibility
Must have been employed for at least 1 year
Earned 1,250 hours of service during the previous 12 months
Only to employers who have 50 or more employees who have worked each day during 20 weeks of the current or preceding calendar year
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Family Leave (Cont.)
Permits eligible employees in any 12-month period to take up to 12 weeks of unpaid leave for:
Birth or adoption of a child
Care of a spouse, child, or parent with a serious health condition
A serious health condition of the employee that makes him/her unable to work
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Serious Health Condition
The individual is in a hospital, hospice, or nursing home or requires continuous medical treatment
Biological, adopted, foster, and stepchildren are covered
May require medical certification
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Medical Certification
Health care provider must provide certification of the serious medical condition to the employer that includes:
Date the condition began
Likely duration
Medical explanation of the condition
If request is for care of spouse, child, or parent
Medical certification is required to state that employee’s services are needed and to include the duration of time expected to be out of work
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Requesting Family Leave
Birth or Adoption
Employee is required to provide the employer with minimum 30 days notice of his/her intent to request family leave
Foreseeable Serious Medical Condition
Employee must provide 30 days notice and take into consideration the employer when scheduling treatment if practical
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Time Off
If an employee has unused paid leave, he/she may choose, or employer my require, that that time be used toward the 12-week family and medical leave
Unused paid leave includes:
Vacation time
Personal days
Sick days*
*Apply only to medical leave for employee or family member
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Maintenance of Health Benefits
While on leave, employee is entitled to maintenance of health benefits but:
Pension
Life Insurance and other benefits may be suspended during the leave period but must be restored upon return of the employee
If employee does not return
May be charged by employer for health care premiums while on leave unless it is due to a continuation of a serious health condition
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Human Resource Advice
Realize that some employees may try to take advantage of the medical leave policy.
Determine whether an employee has a serious health condition.
Require certification of the serious health condition by a health care provider.
Be aware of when your company reaches the 50-employee threshold.
Demand 30 days notice for family leave in all cases and for medical leave where practical.
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Human Resource Advice (Cont.)
Refrain from discouraging eligible employees from taking family and medical leave.
Do not ask women if they intend to become pregnant.
Do not discourage women from becoming pregnant.
Treat pregnant women the same as other employees.
Refrain from instituting a fetal protection policy by ensuring the work environment is safe for pregnant workers.
Reassign women whose fetuses may be in danger to positions with comparable pay, overtime and promotion opportunities.
Copyright © 2014 Pearson Education, Inc.
Employment Law: New Challenges in the Business Environment, 6e Moran
12-*
Summary
Under the Pregnancy Discrimination Act, women cannot be refused employment or removed from employment due to the temporary disability unless they are unable to perform job essentials
Family leave is guaranteed for 3 months in companies with 50 or more employees
Medical leave is also available
