Labor and Medical Leave Regulations

Labor and Medical Leave Regulations

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Labor and Medical Leave Regulations

In the case concerning Delia and Darrin Grant, the decision supports the complainants’ right to reinstatement. This is due to the act of wrongful termination perpetuated by the employer, the Le Cordon Bleu Hotel. Accordingly, the decision made by the employer in respect to the complainants’ termination contravenes the provisions established by the Family Medical and Leave Act (FMLA).

The main petitioner, Delia, was protected under regulations instituted by the FMLA. The Act usually entitles workers employed by covered employers to receive unpaid, job-secured leave particularly for certain medical and family-based reasons (U. S. D. O. L. (b), n. d.). Additionally, the Act allows the claimants to receive group health covers within similar terms. As such, employees eligible for the protection are entitled to a 12-week leave for an annual period (U. S. D. O. L. (b), n. d.). In this situation, Delia is protected under FMLA. Accordingly, the Act grants her a medical leave for her child’s birth as well as provision of care for the respective newborn within a year of conception (U. S. D. O. L. (b), n. d.).

The other petitioner, Darrin, was also protected under the FMLA. As asserted, the Act allows eligible employees to assume a medical leave for 12 weeks in the event that a child is born (U. S. D. O. L. (b), n. d.). Since Darrin was the spouse to the petitioner, it was legally right for him to take the leave as well for the aim of nurturing and fostering his newborn child. In this respect, his demotion goes against public policy since the FMLA ensures that the jobs of eligible employees are secure.

Even though Delia managed to work overtime, she is not entitled to time-and-a-half for the days she worked for more than 8 hours. Generally, the Fair Labor Standards Act (FLSA) ensures that covered non-excused employees are protected in respect to the time and labor they provide to covered employers. In relation to the case, the Act ensures that employees who work overtime gain overtime pay especially if they work for 40 hours within a workweek (U. S. D. O. L. (a), n. d.). As such, Delia is not liable for overtime pay since she did not meet the 40-hour limit for the contested workweek.

References

United States Department of Labor (Wage and Hour Division). (n. d.). Compliance assistance – wages and the Fair Labor Standards Act (FLSA). Retrieved from http://www.dol.gov/whd/flsa/

United States Department of Labor (Wage and Hour Division). (n. d.) Family Medical Leave Act. Retrieved from http://www.dol.gov/whd/fmla/