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Fmla

In: Business and Management

Submitted By kurick
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BUS3004 Research Worksheet (Template)

Purpose:

The worksheet’s purpose is to guide the steps for efficient Capella Library and Internet searches to find and paraphrase reliable, credible resources relevant to your research paper topic. This worksheet will lead you through the steps by doing Part A for Unit 3 and Part B for Unit 4.

Your efficient, effective research will assure a solid, strong drafted paper for Unit 5. By completing this worksheet, you will have at least six paragraphs done for your draft! NOTES: You need to complete all of this Research Worksheet before drafting your paper. Substandard draft papers submitted without a completed research worksheet cannot earn a grade.

Enjoy researching, paraphrasing, and citing other authors using this research worksheet!

Worksheet Components:

• Problem Statement and Key Words
FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees.

Family medical leave Paid time off Employee benefits

Library Research, Source #1
Capella library

Internet Research, Source #1 www.google.com

References and Finalizing Unit 3 main post. • www.dol.gov/dol/topic/benefits-leave/ fmla.htm

• Library Research, Sources #2 and #3 • http://site.ebrary.com.library.capella.edu/lib/capella/docDetail.action?docID=10103868&p00=employee+benefits • The employer's legal handbook (0-87337-499-1, 978-0-87337-499-6), 3rd National ed. / Steingold, Fred. • Nolo Press, 1999 • Internet Research, Sources #2 and #3 • www.fmla101.com/fmla-basics/fmla- eligibility.html • www.faegrebd.com/9420

References www.faegrebd.com/9420

• Pre-Writing Template • Finalizing Unit 4 main post

.

Part A (complete for Unit 3)

Note: To earn a good grade and to be prepared for Unit 4 coursework, you must complete all items in Part A as directed (even if you miss the discussion). Incomplete Part A submissions cannot earn a grade, and you will be asked to make appropriate revisions prior to proceeding with the course.

[Karen Jones unit 3]

STEP ONE: Problem Statement and Keywords
.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

Birth and care of the newborn child of an employee;
Placement with the employee of a child for adoption or foster care;
To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
To take medical leave when the employee is unable to work because of a serious health condition.
Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave.

A final rule effective on January 16, 2009, updates the FMLA regulations to implement new military family leave entitlements
Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave

Using your problem statement to guide your research, identify descriptive keywords to use for your search.
Examples:
Employee medical leave
Leave with pay
Family medical leave

STEP TWO: Library Search

Refer to the Library Guide links provided in Unit 3 studies, which will guide the paraphrasing, direct quoting, and citations for STEP TWO.

Library Source #1

Which keywords worked best for the Summons search? Employee leave
Family medical leave Paid time off Employee benefits

Title of the article:

The employer's handbook 2012-13 an essential guide to employment law, personnel policies, and procedures

Author(s) of the article:
Steingold, Fred; Repa, Barbara Kate

Date of the article:

Example: 1999

Accrued paid medical or sick leave. You can substitute paid medical or sick leave for unpaid FMLA leave based on the employee caring for an ill family member or the employee's own serious health condition. An employee can only require a substitution if the reasons for the leave are normally covered by your company's leave plan. For example, an employee can't require you to substitute paid leave to care for a seriously ill family member unless your plan specifies that leave can be used for this purpose. And an employee doesn't have the right to substitute paid medical or sick leave for a serious health condition that's not covered by your leave plan. In such a case, the employee is restricted to the leave available under the FMLA.

Examples:

Steingold, Fred.
The employer's legal handbook / by Fred S. Steingold: edited by Barbara Kate Repa 3rd ed. p. cm.
Includes index.
ISBN 0873374991
1. Labor laws and legislationUnited
StatesPopular
works.
I. Title.
KF3455.Z9S74 1999
344.7301dc21

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).
The Employer's Legal Handbook is a book that refers to all the laws of employers. The article had a lot of very valuable information. The book was written by a lawyer.

The book had a lot of useful information from who has to offer FMLA and who as an employee is eligible. It gave the exact reasons it could be used and how much time you are allowed to use.

Paraphrase your source’s ideas; refer to the Paraphrasing tutorial in Unit 3 studies):

To help employees balance the demands of the workplace with personal and family needs, Congress enacted the Family and Medical Leave Act or FMLA (29
U.S.C. §2601 and following). Under the FMLA, if your business has 50 or more employees, it may be required to give an employee up to 12 weeks of unpaid leave for certain family and medical reasons. And the law requires that the employee be allowed to return to the same or a similar position after taking the leave—except when it would be prohibitively expensive for a business to take back a highly paid employee.

If your business is covered, you must grant unpaid leave to an eligible employee to attend to a child, to care for a parent or spouse or to recover from a serious illness.
An eligible employee may take a total of 12 workweeks of unpaid leave because of the birth of a child, or because a child has been placed with the employee for adoption or foster care.

Direct Quotes. Avoid having more sentences of direct quotes than you have paraphrased. Aim for one to three sentences of direct quotes. Attempt to insert the in-text citations and if not perfect, that is okay at this point.
The FMLA rules for determining who has a serious health condition are complicated.6_5
In addition, an injury or illness may qualify as a serious health condition if the patient requires continuing treatment and cannot perform normal activities for more than three consecutive days.Page 6-6
You and an employee can agree to flexible work scheduling for the leave time to which employees are entitled under the FLMA.6_9

Family and medical leave laws address only a small part of the issues facing employers and employees in balancing the competing demands of the family and the workplace. To assure a happy and productive workforce, you may need to work with employees to come up with creative solutions.

STEP THREE: Internet Search

Internet Source #1

Which search engine did you use: www.google.com

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Your key words or phrases for this search:

Family Medical Leave
Copy and paste the URL which indicates the location of your source: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm Title of the article: Example: Medical Leave

Author of the article: Secretary of Labor Thomas E. Perez

U.S. Department of Labor
Date of the article:

n.d.

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).

Example: The source appears to be a privately developed website that includes detailed information related to employee medical leave and additional sources for more information are provided. It appears reliable; however, no references of research sources were identified. The presented ideas would need to be validated with additional resources that confirm the facts as stated in this article.
.
This article was fro the U.S> Department of Labor therefore I find that all information should be very reliable.
Paraphrase your source’s ideas; refer to the Paraphrasing tutorial provided in Unit 3 studies.

The 12 months of employment do not have to be consecutive. That means any time previously worked for the same employer (including seasonal work) could, in most cases, be used to meet the 12-month requirement. If the employee has a break in service that lasted seven years or more, the time worked prior to the break will not count unless the break is due to service covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), or there is a written agreement, including a collective bargaining agreement, outlining the employer’s intention to rehire the employee after the break in service
[Write your paraphrased sentences here. Have at least five sentences. Attempt to insert the in-text citations and if not perfect, that is okay at this point.

[

Part B (complete for Unit 4)

Pre-requisite: Part A must be completed prior to doing Part B. Review the Unit 4 studies before completing the remainder of this worksheet.

[insert your name here]

NOTES:

• To earn a good grade and to be prepared for the drafted research paper due for Unit 5, you must complete all items in Part B as directed (even if you miss the discussion). Incomplete Part B submissions cannot earn a grade, and you will be asked to make appropriate revisions that can guide a successful drafted research paper.

• The purpose of Part B is to help you prepare your main post for Unit 4. For unit 4, you will expand your worksheet to include two additional Capella Library resources and two additional Internet sources. You may have more resources and an area for them is provided in Part B labeled “optional.”

• All references used for Part A and Part B will be added into the Reference page at the end of this worksheet.

• In addition to the paraphrase practice performed for Part A and Part B, you will begin to practice pre-writing. Pre-writing is foundational to the writing process needed to complete your drafted research paper due for Unit 5.

• About half of your drafted paper will be already done once you finish Part B! Have fun!

STEP FIVE: Continue Library Searching

Library Source #2 (complete for Unit 4).

Review Unit 3 studies and STEP TWO of this worksheet as needed for Library Source #2.

Which keywords worked best for the Summons or Library search:
[Write or paste your keywords here]

Title of the article:
[Write or paste your article title here]

Author(s) of the article:
[Write or paste author(s) here]

Date of the article:
[Write or paste your article’s date here]

Citation from the Summons search:
[Paste your citation here]

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).
[Write your explanation of reliability here -- NOTE: do not copy and paste another author’s words here]

Paraphrase your source’s ideas with at least five sentences. Attempt to insert the in-text citations and if not perfect, that is okay at this point. Refer as needed to STEP TWO of this worksheet and the Paraphrasing tutorial provided in Unit 3 studies.

[Write your paraphrased sentences here; include in-text citations]

Direct Quotes. Avoid having more sentences of direct quotes than you have paraphrased. Aim for one to three sentences of direct quotes. Attempt to insert the in-text citations and if not perfect, that is okay at this point.

[Write or paste your quoted words here; include in-text citations]

Library Source #3 (complete for Unit 4).

Review Unit 3 studies and STEP TWO of this worksheet as needed for Library Source #3.

Which keywords worked best for the Summons or Library search:
[Write or paste your keywords here]

Title of the article:
[Write or paste your article title here]

Author(s) of the article:
[Write or paste author(s) here]

Date of the article:
[Write or paste your article’s date here]

Citation from the Summons search:
[Paste your citation here]

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).
[Write your explanation of reliability here -- NOTE: do not copy and paste another author’s words here]

Paraphrase your source’s ideas with at least five sentences. Attempt to insert the in-text citations and if not perfect, that is okay at this point. Refer as needed to STEP TWO of this worksheet and the Paraphrasing tutorial provided in Unit 3 studies.

[Write your paraphrased sentences here; include in-text citations]

Direct Quotes. Avoid having more sentences of direct quotes than you have paraphrased. Aim for one to three sentences of direct quotes. Attempt to insert the in-text citations and if not perfect, that is okay at this point.

[Write or paste your quoted words here; include in-text citations]

ADDITIONAL/OPTIONAL SOURCES: If you have additional Library sources (which is optional), place their information here.

When finished with STEP FIVE two or more Library sources, proceed to STEP SIX Internet Sources on this worksheet and then onto STEP SEVEN.

STEP SIX: Continue Internet Searching

Internet Source #2 (complete for Unit 4)

Review Unit 3 studies and STEP THREE of this worksheet as needed for Internet Source #2.

Which search engine did you use:
[Write your search engine URL]

Your key words or phrases for this search:
[Write your key words or phrases here]

Copy and paste the URL which indicates the location of your source:
[paste your result URL here]

Title of the article:
[Write or paste your article’s title here]

Author(s) of the article:
[Write or paste your article’s author(s) here]

Date of the article:
[Write or paste your article’s date here]

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).

[Write your explanation of reliability here -- NOTE: do not copy and paste another author’s words here]

Paraphrase your source’s ideas with at least five sentences. Attempt to insert the in-text citations and if not perfect, that is okay at this point. Refer as needed to STEP TWO of this worksheet and the Paraphrasing tutorial provided in Unit 3 studies.

[Write your paraphrased sentences here; include in-text citations]

Direct Quotes. Avoid having more sentences of direct quotes than you have paraphrased. Aim for one to three sentences of direct quotes. Attempt to insert the in-text citations and if not perfect, that is okay at this point.

[Write or paste your quoted words here; include in-text citations]

Draft the citation for the Internet source. Briefly put the Internet citation together like this: who (when) title date retrieved where

[Write your citation here]

Internet Source #3 (complete for Unit 4).

Review Unit 3 studies and STEP THREE of this worksheet as needed for Internet Source #2.

Which search engine did you use:
[Write your search engine URL]

Your key words or phrases for this search:
[Write your key words or phrases here]

Copy and paste the URL which indicates the location of your source:
[paste your result URL here]

Title of the article:
[Write or paste your article’s title here]

Author(s) of the article:
[Write or paste your article’s author(s) here]

Date of the article:
[Write or paste your article’s date here]

Explain the resource’s reliability (for criteria and evaluation ideas, refer to Unit 3 studies).

[Write your explanation of reliability here -- NOTE: do not copy and paste another author’s words here]

Paraphrase your source’s ideas with at least five sentences. Attempt to insert the in-text citations and if not perfect, that is okay at this point. Refer as needed to STEP TWO of this worksheet and the Paraphrasing tutorial provided in Unit 3 studies.

[Write your paraphrased sentences here; include in-text citations]

Direct Quotes. Avoid having more sentences of direct quotes than you have paraphrased. Aim for one to three sentences of direct quotes. Attempt to insert the in-text citations and if not perfect, that is okay at this point.

[Write or paste your quoted words here; include in-text citations]

Draft the citation for the Internet source. Briefly put the Internet citation together like this: who (when) title date retrieved where

[Write your citation here]

ADDITIONAL/OPTIONAL SOURCES: If you have additional Internet sources (which is optional), place their information here.

When finished with your STEP FIVE two or more Library sources and STEP SIX two or more Internet Sources, proceed to STEP SEVEN.

STEP SEVEN: Reference List

Copy and paste your citations (from STEP FOUR through STEP SIX) under the Reference heading shown next. This will comprise your reference list of the authors you have paraphrased, quoted, and cited (in-text citations). You will have at least six references.

NOTE: Whether your citations are paragraph formatted as hanging indent or not is insignificant at this time in your degree program. Also note that capitalization may or may not be perfect, but that is insignificant at this time in your degree program.

IMPORTANT: When you are finished with this worksheet, you can paste the Reference list into the research paper template provided as a resource for Unit 5 Research Paper Assignment.

Proceed to STEP EIGHT when the references are completed.

References

[insert pasted references here in alphabetical order of author names]

STEP EIGHT: Pre-writing Template (completed for Unit 4)

After you have your six or more sources paraphrased, look for ways to organize the paraphrases you wrote from the sources’ ideas. Choose from the pre-writing options explored in Unit 4 studies. Begin to create the manageable parts you will include in your paper’s body. A good guideline is three to four manageable parts. Keep in mind that each part has a purpose and can be two to four paragraphs when you are finished drafting the paragraphs for Unit 5.

[Explain which pre-writing option you have chosen, describe your manageable parts, and insert your prewriting here]

STEP NINE: Finalizing Unit 4.

When finished completing this worksheet, (1) delete the italicized words. Next please copy both Research Worksheet Part A and Part B and then paste into your Unit 4 discussion as your main post (do not attach this worksheet). To preserve the paper format and readability of your post, click “enable HTML editor” button before pasting.

Once your post is done, you are finished with Part B of this worksheet can proceed to the remaining Unit 4 activities.

IMPORTANT NOTES:

• About half of your drafted paper for Unit 5 will be already done once you finish Part B! Specifically, you will use your Research Worksheet when drafting your paper. • From the pre-writing section, you have at least six paragraphs and references. You are on your way to a quality, on-time draft next week! • Next step is to begin by opening the Research Paper Template provided as a resource for Unit 5 Research Paper Assignment! Congratulations!

THE END…...

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...Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. If a parent did not have anything to do with their biological child it should not stop the child from being able to file for FMLA to care for the parent. Family and Medical Leave Act are there to help children, spouses, and or parents take care of their immediate family members. It should be up to the child to determine if they want to use FMLA to care for a parent or anyone else that can be claimed under the FMLA act even though they might not have a great relationship. As Tony stated in the video, “He is still my father”, which still gives him the right to do the right thing or he may feel obligated to still take care of his father even though his father did not help with raising him when he was younger. The decision to take care of a parent who may not have been there to help support the child should not be influence by the employer but the decision should solely be determined by the child. The decision for some may be well thought out and they may feel it is the best thing in their interest to take care of the family or may choose not to do anything. Some children may feel since their parent was not there for them then they will not help their parent out no matter what the situation is. The children may still have a grudge against their parent and feel strongly about how......

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Fmla

...nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based upon financial or physical responsibilities. Lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion, Herman violated the FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave. Many employees may have felt bad but, yet, they still have the love for their family members, especially biological parents. A good example could be inferred from ANTHONY G. MARTIN, versus BREVARD COUNTY PUBLIC SCHOOLS, Florida case, 2008 where Mr. Martin had to take care of her newly born granddaughter using FMLA leave as a loco parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA The Family and Medical Leave Act (FMLA) act of 1993 applies to all employees who are public agencies, including state, local and federal......

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Fmla

...Family And Medical Leave Act The Family and Medical Leave Act were signed by the President on February 5, 1993. "The Family and Medical Leave Act (FMLA) provide employees job protection in case of family or medical emergency. FMLA permits eligible employees to take up to 12 workweeks of unpaid leave during any 12-month period." (Martocchio, 2003) When an employee must face to some certain special situations that need stop working temporarily due to the employee’s illness, employee’s family illness, the employer should give the right to the employees to look after their family member or themselves. To help employees balance work and family life, the government enacted the Family and Medical Leave Act. And this labor law must be applied in a variety of work places by affecting the employee’s benefits and employer’s policy. As a result, FMLA which have influenced the employees and employers a lot is essential for all the workers. Family And Medical Leave Act Prior to the FMLA, many employees can not handle the problems that need them to have a medical and family reason leave. When employees make a request for leave, the employer can deny them for any reason, and employees also could be fired for having family and medical leave. Or sometimes workers changed their work, even within the same firm, the workers may not be treated the same about the leave."Some employers had formal leave policies that were applied uniformly to their workforces while others had informal......

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Fmla

...One of the FMLA laws that was revised was it entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The FMLA also includes certain military family leave provisions. The Department of Labor issued a Final Rule on February 25, 2015 revising the regulatory definition of spouse under the Family and Medical Leave Act of 1993 (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. The Final Rule amends the regulatory definition of spouse under the FMLA so that eligible employees in legal same-sex marriages will be able to take FMLA leave to care for their spouse or family member, regardless of where they live. This will ensure that the FMLA will give spouses in same-sex marriages the same ability as all spouses to fully exercise their FMLA rights. The effective date for the final rule is March 27, 2015. So what that is saying now is that it does not have to be a man that a woman is married to and the partner of the woman as long as they are married can also have leave. It does not have to be the opposite sex no more. It as well says that it does not have to be the state that you were married in as well. About time it is changes. The Department has moved from a “state of residence” rule to a “place of celebration” rule for the definition of spouse under the FMLA regulations. The Final Rule changes the regulatory......

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Fmla

...should not be a reasonable issue. After the thirteen weeks of leave she was asked to return to work, but she thought that she had an additional twelve weeks of unpaid FMLA leave. The Department of Labor states, "The statue was intended to provide twelve weeks of FMLA leave, with the employer having the right to substitute accrued paid leave for unpaid FMLA leave. This will not only affect employers, but consumers as well. Take an employee for instance that is bringing home about 1000 per week. ent is a reasonable time period and if firms want to extend their policies to benefit their employees they are allowed to do so. In another such case a company gave their employee thirteen weeks of paid leave. Using the statistics from above we can see that if 78 of women and 54 of men are taking their twelve weeks of leave and getting paid for it, there will be a considerable amount of money lost by companies. The courts have determined that there are a broad number of aliments that fall under the category of serious health conditions. To most firms that is not a obsolete amount of money. So now you have an employee who hasn"tmt worked in three months that made 12,000 for doing nothing. If the government continues to allow workers take FMLA leave for any inadequate reasons no one will be working. By keeping the outlines for FMLA leave within a strict guideline the law will not be taken advantage of as much....

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