Essay Topic Examples
1. The Economic Impact of arental Leave:
This essay explores the relationship between parental leave policies and economic performance. It examines how parental leave can affect labor markets, productivity, and gender wage gaps, as well as the implications for businesses and national economies.

2. Comparing International arental Leave olicies:
An analysis of different parental leave systems around the world, discussing the variety of approaches, cultural influences, and the outcomes on family well-being and gender equality. The paper would provide a comprehensive overview of the most effective models in use today and consider what can be learned from them.

3. The Role of Fathers in arental Leave:
This topic focuses on the increasing importance of paternity leave and its benefits on family dynamics, children's development, and the pursuit of gender equality in the workplace. The paper would delve into the social and psychological advantages of involved fatherhood and how parental leave…...

mla

Primary Sources

United States Department of Labor. \"Family and Medical Leave Act (FMLA).\" USDOL, 2023.

International Labour Organization. \"Maternity and Paternity at Work: Law and Practice Across the World.\" ILO, 2014.

European Commission. \"Directive 2010/18/EU of the European Council on the Framework Agreement on Parental Leave.\" Official Journal of the European Union, 2010.

OECD. \"Parental Leave: Where Are the Fathers?\" OECD Policy Brief, 2016.

United Nations. \"Report of the Fourth World Conference on Women.\" UN, 1995.

Introduction
Medical marijuana has increasingly been in the news as a growing number of states throughout the U.S. have passed measures or at least put on the ballot an initiative to legalize either medicinal or recreational marijuana usage.  The history of marijuana in the U.S. is one that goes back as far as the country itself:  hemp (a type of marijuana plant) was used for rope, paper and a number of other purposes because of its strong fibrous tissue.1  It was not until the Prohibition Era of the 1920s that marijuana began to be prohibited by law in the U.S.—and within a decade, it was regulated among most states under the Uniform State Narcotic Act.2  Thus, from its very first days as a crop grown by the Virginia Company for exporting to England by decree of James I—and in fact from the days of the first President of the U.S. George…...

Health are -- Medical Retention Laws
Medical records retention requirements, whether Federal or State, are apparently aimed at maintaining records for a significant length of time after a patient's discharge. HIPAA does not impose a specific requirement for retention of a patient's medical records and leaves that task to State legislatures. alifornia meets and far exceeds Federal requirements in multiple requirements from multiple laws. Meanwhile, Nevada takes a far simpler tack while still adhering to Federal requirements.

Federal

HIPAA does not impose a length of time for which patients' medical records must be retained (U.S. Department of Health and Human Services, 2009); rather, that requirement is left to the states. However 45 .F.R. §164.530(j) does require that an entity governed by HIPAA must retain its "privacy policies/procedures, privacy practices notices, disposition of complaints, and other actions, activities, and designations that the Privacy Rule requires to be documented" (U.S. Department of Health and Human…...

mla

California's record retention laws are at least as strict as federal law, as required, and are often stricter. Beyond the HIPAA requirements binding covered entities, California has various strict retention requirements stemming from several laws. California's Code of Regulations §70751(c) (22 C.C.R. §70751(c) requires hospitals to keep patients' medical records for a minimum of 7 years after any patient's discharge and, if the patient is a minor, the records must also be retained for a minimum of 1 year after the minor has reached the age of 18 (California State Legislature, 2013). Also, the Welfare & Institutions Code §14124.1 states that the medical records of Medi-Cal patients must be kept by the provider for 3 years after the last date of service rendered under the Medi-Cal Program (California State Legislature, n.d.). In addition, the Health & Safety Code §1797.98e (b) states that providers reimbursed by the Emergency Medical Services Fund must keep patients' records for 3 years after the last reimbursed service was rendered (California State Legislature, n.d.). The Health & Safety Code under §11191 also requires that prescription books with issued prescription copies must be kept for 3 years after the last noted prescription was issued and that a provider who "prescribes, dispenses or administers a controlled substance classified in Schedule II" is required to make and keep a record of each such transaction for 3 years (California State Legislature, n.d.). Furthermore, under California's Code of Regulations §1300.67.8 (28 C.C.R. §1300.67.8), managed care plans governed by the Knox-Keene Act must also retain all "records, books, and papers of a plan" for 2 years, keeping the records available for inspection by the Commissioner of Corporations (California State Legislature, 2009, p. 54.5). California's Code of Regulations §39.5 also requires that in cases of Worker's Compensation, all qualified medical evaluators must retain patients' medical-legal reports for 5 years after the employees' evaluation (California State Legislature, 2013). Finally, regarding its state Occupational Safety and Health Administration (OSHA) program, California's Code of Regulations §3204(d) (8 C.C.R. §3204(d) requires that in cases of employees who were exposed to "toxic substances or harmful physical agents," providers must keep medical records for a minimum of the duration of employment plus thirty years (California State Legislature, 2013).

Nevada

Nevada's laws regarding medical records retention

Compensation and Benefits: The Family and Medical Leave Act
The Family and Medical Leave Act (FMLA)

The FMLA came into effect on 5th August, 1993. The Wage and Hour Division of the U.S. Department of Labor (DOL) is responsible for its administration. The law covers all employees in the state, including those in the private sector and a majority of those in the congressional and federal sectors. The law entitles "eligible employees of covered employers to take up to 12 weeks of unpaid leave per year," in order to attend to specified medical and family issues (AFSCME, 2013). This could extend to 26 weeks, over the same period, in cases that involve serious illness or injury. The decision as to when the one-year period should actually begin is dependent on the employer and the policy of the organization. In the past, the FMLA has been amended a number of times to expand…...

mla

References

AFSCME. (2013). The Family and Medical Leave Act. AFSCME. Retrieved from  http://www.afscme.org/members/education-and-trainings/education-resources/fact-sheets/the-family-and-medical-leave-act-fmla 

American Society of Employers. (2012). 2013 Employment and Labor Law Legislation. American Society of Employers. Retrieved from  http://www.aseonline.org/ResearchbrnbspServices/EmploymentandLaborLawLegislation.aspx 

United States Department of Labor. (2013). Family and Medical Leave Act. United States Department of Labor. Retrieved from  http://www.dol.gov/WHD/fmla/2013rule/

Second Opinions for Tough & Smart Care
FLA, FECA, H2457

The federal government (under most current administrations) has tried to address the issue of the nation's need for better healthcare by focusing on improving what is already in place. Two of the regular efforts at this are the FLA (Family Leave Act) and the FECA, or Federal Employees' Compensation Act (DOL, b). The purpose of the first is to provide structured and economically efficient ways for people to be able to leave their positions, without risking their jobs, when they are dealing with either the birth of a child or a critically sick immediate relative. It is also seen as one effort to seek to protect men and women against the problems of gender injustice that can come about if women are challenged in keeping healthcare because of the choice to have children. FECA, on the other hand, seeks to ensure fair…...

mla

REFERENCES

DOL.gov. The Family and Medical Leave Act. United States Department of Labor, Wage and Hour Division. Department of Labor. Web <  http://www.dol.gov./whd/regs/compliance/1421.htm >.

DOL.gov (b). The Federal Employees' Compensation Act. United States Department of Labor. Web. <  http://www.dol.gov/compliance/laws/comp-feca.htm >.

GovTrack.us. H.R. 2457 (111th): Right to a Second Medical Opinion Act of 2009. <  http://www.govtrack.us/congress/bills/111/hr2457 >.

R. Kuttner. Market-Based Failure -- A Second Opinion on U.S. Health Care Costs. New England Journal of Medicine, 2008; 358:549-551.

Labor and Employment Law
WORKPLACE SITUATIONS

Situation A -- The Family Medical Leave Act of 1993 or FMLA was enacted to help employees balance family and work requirements (WHD, 2013). It aims at protecting and helping those with family or personal health problems. The rise in single-parent households and women employees often leads them to compromise work for family or vice versa. The law intends to strike a balance between. If an employer is connected to FMLA, an employee who has worked for one year or 1,250 hours in the preceding year is entitled to 12 weeks of unpaid leave within the 12-month period. The employer is qualified to offer FMLA if it has 50 or more employees. Employee A and his employer are, thus, qualified (WHD).

The qualified employer is obliged by law to grant FMLA leave when the qualified employee requests it with a qualified reason (WHD, 2013). If Employee A…...

mla

BIBLIOGRAPHY

EEOC (2013). The Americans with Disabilities Act of 1990. The U.S. Equal Employment

Opportunities Commission. Retrieved on September 25, 2013 from  http://www.eeoc.gov/eeoc/history/35th/1990s/ada.html 

SHRM (2013). Age Discrimination in Employment Act of 1967. Society for Human

Resource Management. Retrieved on September 25, 2013 from  http://www.shrm.org/LegalIssues/FederalResources/Federalstatutes/RegulationsandGuidanc/Pages/AgeDiscriminationEmploymentActof1967.aspx

Title VII of the Civil Rights Act of 1964 "bans discrimination, including sex-based discrimination, by trade unions, schools, or employers that are involved in interstate commerce or that do business with the federal government" the Civil Rights Act of 1964 prohibits discrimination in a broad array of private conduct including public accommodations, governmental services and education. One section of the Act, referred to as Title VII, prohibits employment discrimination based on race, sex, color, religion and national origin. The Act prohibits discrimination against the aforementioned protected classes in the areas of recruitment, hiring, wages, assignment, promotions, benefits, discipline, discharge, layoffs and almost every aspect of employment (Loevy 1997).
However, Title VII provides than an employer must reasonably accommodate an employee's religious beliefs and practices unless doing so would cause undue hardship on the business. As an employee were are obligated to try to resolve any conflict if possible. We would…...

mla

Sources:

Religious Accommodation in the Workplace. (2012). Anti-Defamation League -- Religious Freedom Resources. Retrieved from:   / resource_kit/religion_workplace.asphttp://www.adl.org/religious_freedom 

Loevy, R., et.al. eds., (1997). The Civil Rights Act of 1964: The Passage of the Law That

Ended Racial Segregation. State University Press of New York.

FMLA
The Family and Medical Leave Act (FMLA) is an addition to the regulations applied to businesses which recognizes the changing nature of the family, and the importance of having a business environment which is supportive of the needs of the family. The FMLA requires employers to grant leaves of absence to employees who are seriously ill, who have newborn or newly adopted children, or who have to care for sick family members without the risk of the employee loosing their job as a result of the leave. Specifically, sections 6381 through 6387 of title 5, United States Code, as added by Title II of the Family and Medical Leave Act 1993, provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:

the birth of a son or daughter of the employee and the care of such son or daughter; the placement…...

mla

Bibliography

Alfred, S. (1995) An Overview of the Family and Medical Leave Act of 1993. Public Personnel Management, Vol. 24.

Clegg, R. (1999, Summer) The Costly Compassion of the ADA. Public Interest, No. 136.

FEDERAL EMPLOYEE ENTITLEMENTS (1999) U.S. Office of Personnel Management Compensation Administration Accessed 17 Feb 2004. Website:

Hayes, E. (2001) Bridging the Gap between Work and Family: Accomplishing the Goals of the Family and Medical Leave Act of 1993 William and Mary Law Review, Vol. 42.

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 to care for that parent.
The family Medical Leave Act (FMLA) gives no determination that states that the known relationship or lack thereof between the child and parent will determine the child's ability to use FMLA to care for the parent. Any employee can request FMLA regardless of if the child had nothing to do at all with the biological parent. The FMLA provides the employee with up to a maximum of twelve weeks of un-paid, job-protected leave for one of the following reasons:

Care of a spouse, daughter, son or parent with serious health conditions

Due to an employee's inability to work due to a serious health condition

Placement of a child for adoption or foster care

The birth and care of a newborn child

Specific situations related to…...

mla

References

Kollman & Saucier P.A. (n.d.). Does the family and medical leave act apply?. Retrieved 04/29/11, from www.kollmanlaw.com/article/articel19.html

Larson, A.E. (2011). The Intricacies of FMLA. Retrieved 04/28/11, from www.fmla-rules.com

OSHA (n.d.). OSHA Safety regulations & Labor Law Guide. Retrieved 04/29/2011, from www.osrllg.com/additional_fmla.php

The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older" (Facts about age discrimination, 2008, EEOC). The worker was clearly discriminated against for a promotional opportunity based upon his age, despite his superior performance.
All of the available evidence suggests that Employee B. was doing superior work in contrast to his younger co-worker. There is a clear 'paper trail' of performance reviews establishing Employee B's superior performance and ability to do a high-quality job. Also, the specific stated rationale for not giving Employee B. The promotion was age. There is no evidence that taking the promotion required qualities only a young person might have (such as the agility required by a dangerous occupation, or an occupation based upon physical strength).

In some instances, regarding benefits, employers may have some discretion under the ADEA. For example, in…...

mla

References

Americans with Disability Act (ADA). (2010). ADA Website. Retrieved March 31, 2010 at http://www.ada.gov/pubs/adastatute08.htm#12201

Facts about age discrimination. (2008). The U.S. Equal Employment Opportunity Commission.

Retrieved March 31, 2010 at  http://www.eeoc.gov/facts/age.html 

Family and medical leave. (2010). U.S. Office of Personnel Management.

If a 68-year-old employee receives an above average review on her work performance and doesn't receive a raise, and then finds that an employee who is 32 years of age receives an adequate performance review and gets a raise and a promotion the older employee has a strong case for age discrimination.
A violation of the employment act has occurred because it is reasonably expected that the above average rating would get the raise and promotion before the adequate rating. In this case, the company has basically set themselves up for a lawsuit in which they stand a strong chance of losing. The employee's proof is in her above average ratings on her review. The employer must come up with a valid reason as to why she was not promoted over the younger employee who received lower ratings. More than likely, they will not be able to offer any proof.

Employees…...

mla

Bibliography

Drachsler, David A. (2010). Notes on: Year one of the Lilly Ledbetter Fair Pay Act, Labor Law Journal, 61(2), 102-106.

Holmes, David M. (2008). The Family and Medical Leave Act, Employee Benefit Plan Review, 62(11), 10-13.

Santos, Mike. (2009). So, what is the ADA? Sign Builder Illustrated, 23(170), S7-S13.

Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.

North American…...

mla

References

FindLaw. (2014). Annotation 28 -- Article 1.   / Retrieved from http://constitution.findlaw.com 

Gizmo Inc.
Will either of their grievances be heard in court? Why?

Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)

Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply with their employer's…...

mla

References

Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.

The Family Medical Leave Act. (2014). DOL. Retrieved from:  http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

Job Security
Family Medical Leave Act (FMLA) and Return to Work

Balancing health, home, family, work:

With this purpose, this research paper probes into the methods, mechanisms that policies managers may utilize in the quest to facilitate employee leave and return to work. As this is a subject that deals with policies that may have a resounding impact on the welfare of both the company and it's employees, hence it is necessary that we take into account the psychological and emotional needs of individuals as discussed in the theories of Maslow, Herzberg and McClelland. This proposal shall demonstrate the beneficial aspects of leave policy implementation, as none exists at this point and prove that just a little consideration on the part of the management can turn any company's ventures into a roaring success.

THEORETICAL SUCCESS OF THE PROPOSAL:

Maslow's Hierarchy of Needs:

Maslow's Hierarchy of Needs states that each need must be satisfied in turn starting…...

Unintended Limitations on Ada Protections
ADA Protections

The American with Disabilities Act of 1990 (ADA) was designed to prevent discrimination in terms of employment (Title I), telecommunications (Title IV), and public services (Title II), transportation (Title II), and accommodations (Title III), for persons with physical and/or mental disabilities (EEOC, n.d.; Disabled World, 2009). Employers and public establishments are required under the ADA to make accommodations for persons with disabilities, unless it imposes an undue hardship. To ensure compliance, a large number of different federal agencies act as enforcers of the ADA provisions.

The ADA defines a disabled person as anyone who is prevented from engaging in a major life activity, either currently or historically, or is perceived by others as being limited in this way. The latter criteria was intended to be one of three primary routes for bringing a discrimination suit to court, resulting in the 'regarded as' disabled test to prove…...

mla

References

American Diabetes Association. (2012). Diabetes basics: Symptoms. Diabetes.org. Retrieved 20 Oct. 2012 from  http://www.diabetes.org/diabetes-basics/symptoms/?loc=DropDownDB-symptoms .

Brown University. (n.d.). Major depressive disorder (DSM-IV-TR #296.2-296.3). Brown.edu. Retrieved 20 Oct. 2012 from  http://www.brown.edu/Courses/BI_278/Other/Clerkship/Didactics/Readings/major%20depression.pdf .

Disability Rights California. (2010). Employment rights under the Americans with Disabilities Act (and other related laws) (4th ed.). DisabilityRightsCA.org. Retrieved 20 Oct. 2012 from  http://www.disabilityrightsca.org/pubs/506801.pdf .

Disabled World. (2009). Americans with Disabilities Act of 1990 (ADA). Disabled-World.com. Retrieved 20 Oct. 2012 from http://www.disabled-world.com/disability/ada/.