Reference no: EM132723375

Problem 1: Comment on the legality of this employer's leave policy. what parts are illegal? How would you fix those parts?

XYZ Company's Leave Policy

Seventy-five employees work at the headquarters of the XYZ Co. The company's leave policy is included in its employee handbook and reads as follows:

• "Full-time employees who have worked at least one year for this company are entitled to take up to a total of eight (8) weeks of parental and medical leave during a calendar year. This leave is unpaid. Employees should request leave as soon as they become aware of the need, but in no case shall an employee provide less than thirty (30) days prior notice. Failure to provide adequate notice may result in denial of leave. Parental leaves shall commence two weeks prior to the anticipated birth date and continue for six additional weeks following birth. In situations where both parents are employed by this company, only one parent is entitled to leave. The need for medical leave must be documented by two physicians. You will not be allowed to return to work following medical leave until the company doctor has certified that you are fit to resume your duties.
• It is company policy to make a good faith effort to provide leave to all employees who need it. However, you should understand that in the event of a severe staffing problem or if you hold one of a few very important jobs within the company, we reserve the right to delay or deny leave under these circumstances. It is our expectation that we will be able to re-employ persons who opt to take leave. However, it is possible that we might not be able to re-employ you or that we will reinstate you to a different job with different pay.
• In cases of leave for military service, we will reinstate all employees to their former positions, provided that they return from service within two years."