Sking for Extensive Time Off by Employees.

Scenario:
1995 Auto Corporation based in central Colorado is a family-run manufacturing business. The company manufactures emergency lighting systems for first-responder vehicles (police cars, ambulances, fire trucks) in the emergency services industry. Currently, the organization consists of a production facility which currently has 88 unionized production employees, and two administration offices which have 22 non-union employees. 1995 Auto Corp. is in the process of opening a production facility in Toledo, Ohio which will have 31 non-union employees.

1995 Auto Corp. has been operating as a sole proprietorship by R. Shaffer for 18 months. At the start-up phase, the company owner did not forecast such an exponential increase in demand for the product. Consequently, she did not apply for unemployment insurance, purchase a general liability insurance policy, or obtain a workers compensation policy because she planned to use her own family members to operate the business. Over the last 13 months the companys organization has grown, due in part to its aggressive hiring strategy and need to manage production demands. In spite of the companys rapid growth, the company does not have a dedicated human resources department. Instead, the companys owner delegated human resource administration duties to the production operations manager (POM). Consequently, the POMs knowledge of human resource policy, practice, and regulation is very limited. As the company continues to expand its operation, the owner detected an increase in employee grievance cases. The owner foresees, due to the lack of human resource administration experience, certain legal ramifications of an under-managed workforce.

You are a contracted strategic human resource consultant for 1995 Auto Corp. Your role, over the next five weeks, is to ensure the companys HR policies and processes are in compliance with local labor, state labor, and federal labor statutes.
The critical areas, in which you intend to focus, will include EEO staffing laws, anti-discriminatory hiring practices, immigration bills, foreign worker provisions, and affirmative action regulations. You will be asked to review labor laws and relevant cases, such as the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act. You are also being asked to communicate labor and employment litigation risks and solutions to the owner.

The production facility, with its union representation, will present additional challenges. You have had experience dealing with the National Labor Relations Board (NLRB) in the past, and you are focused on keeping 1995 Auto Corp. clear of investigations and hearings with the NLRB. Therefore, you plan to review and identify management practices to minimize the risk of unfair labor practice charges. A comprehensive review of grievance procedures and labor relations practices within the context of union representation will be on your list of priorities.
Additionally, the production facility presents an increased risk for safety accidents. The owner asks you to initiate a safety audit to ensure that 1995 Auto Corp. is compliant with Occupational Safety and Health Act (OSHA) laws. A review of 1995 Auto Corp.s safety records will be recommended to determine the company s legal liabilities and limitations regarding its drug-free workplace policy.

With the Toledo, Ohio production facility on the horizon, there will be additional HR policies and regulations to consider. 1995 Auto Corp. needs you to determine HR laws that might apply to the new operation, as well as the employers responsibilities to employees.

1995 Auto Corp.s HR issues will provide a challenging five-week project for the human resource professional. The success of 1995 Auto Corp. depends upon your in-depth knowledge of U.S. labor laws, general knowledge of HR regulations as they apply to a global workforce, and your HR policy guidance to keep the company within its legal boundaries of human resource management. With this in mind, you are preparing yourself to help 1995 Auto Corp. solve its labor and employment law issues.


ASSIGNMENT ONE
Deliverable Length: 3, pages 4, sources or more.
Topic: Asking for Extensive Time Off by Employees.
The 1995 Auto Corp. owner has come to you asking for guidance on a few issues that were brought to her attention. With the rapidly growing workforce, an increasing number of employees have requested extended time off from work. The owner does not want to grant the time off because of its effect on productivity.
When asked for examples of the requests, he provides you with the following:
” Employee #1 has been with 1995 Auto Corp. for 13 months. She has requested time off to help care for her terminally ill mother-in-law. She is not sure how long she will need to be out of work, but it could be as long as three months.

” Employee #2 has been with 1995 Auto Corp. for 18 months. His wife just had a baby and he is asking to take 6 weeks off of work to help with the new responsibilities at home.

” Employee #3 developed health problems since her start with 1995 Auto Corp. 7 months ago. Her work attendance is unpredictable. She has exhausted all of her sick days, and advised her supervisor that her doctor is requiring her to remain at home for a period of 6 weeks.

As the HR consultant, you have many questions and you would like to gather all of the necessary information before providing additional guidance or recommendations. You are aware of the company s legal limitations and discretions, such as the Family Medical Leave Act (FMLA). The owner has also advised you that the company has no formal  leave policy for any type of employee absence, other than seven paid sick days per year.

As a student, engage in a discussion on to the discussion board, focusing on the following questions:

1. Considering the 1995 Auto Corp. work environment and history (88 employees, in business for 18 months, mix of union/non-union),
2. Is the company currently exposed to any legal risk by not having a defined leave policy in place? If so,
3. What are the risks and the penalties for violation?



Of the three employee cases described,
1. Discuss whether each one would qualify for FMLA leave.
2. Why or
3. Why not?
For employees who do not qualify under FMLA,
1. What legal discretions would you recommend to the company?
2. Explain other employee  leave options for the company without compromising the company s financial objectives?


ASSIGNMENT TWO
Topic: The Development of a Leave Policy. 4, pages 4, sources or more.
As a second step of this group assignment, you must develop a sample Leave Policy to be presented to the company owner. Be sure the policy covers the key components of a comprehensive leave policy,
1. including requirements for eligibility,
2. leave benefits provided,
3. job restoration,
4. pay, and
5. Benefits status while on leave.
6. On a cover page of the policy, outline a summary of your recommendations to the company owner, advising him of the value to 1995 Auto Corp. in implementing this policy.
7. Examine the relationship between employment law and HR policies.
This policy should be submitted as a Word document to the small group drop box.

Professor comment: There are two assignments to be done, by each student separately. All questions much have detailed answers to each question also all part of the questions much be answered as well, good luck.