Having great employees in a company is a significant step towards company success. When they are well remunerated and motivated, their delivery supersedes the managements expectations. It is every managers expectation to see that the employees perform beyond expectations. Granting employees small benefits like compensation, medical leave, employees retirement benefits and avoiding discrimination at workplace will go a long in increasing the employee motivation (Dwoskin et al., 2016). It is paramount that the managers take perfect care of their employees as they are the backbone of any company. The essay, therefore, seeks to illustrate the comparison and the contrast that exists between the FMLA, ERISA, EEOC, and the worker's compensation.
FMLA provides the eligible employees with an entitlement to take leave unpaid leave which is a job-protected vacation for the definite medical and personal reasons by the continuation of the group of health indemnity coverage with the same rapports and the circumstances as if a worker had not engaged any leave. It provides the workers of the leave of up to 12 weeks. It is designed to aid the employees in balancing their family responsibilities and the work through permitting them to take the reasonable voluntary leave (Dwoskin et al., 2016). Also, it seeks to billet authentic interests of the proprietors and to promote an equal chance of employment for both women and men.
FMLA relates to all the agencies of the public, all private and public secondary and elementary schools and the companies that have more than 50 employees (Stephens, 2015). Employers are obligated to provide the twelve weeks of voluntary leave under the following circumstance; birth and the upkeep of a neonatal child of the operative, the placement with an employee of the child for adoptive upkeep, to provide upkeep for the immediate family colleague with grim health conditions and lastly when the worker is incapable of working due to a serious health ailment (McLeese, 2016).
ERISA being a federal law sets some standards for the most freely established annuity and health schemes in the private industry for the protection of the individuals in such plans (Lipscomb et al., 2015). The participants are required by ERISA to make available the scheme information that encompasses the information about the scheme features and the aid, provide fiduciary responsibility for the individuals who control and manage the plan assets and also, it requires the schemes to establish the grievances and the appeals procedure for the partakers to get the benefits for the plans, Lastly, it gives the participants the right to litigate for the benefits and the breaches of the fiduciary duty (McLeese, 2016).
Amendments like COBRA have been done to ERISA and therefore at present, it does provide the families and workers with the ability to linger their health attention for the limited time subsequent to certain events like job loss. Another amendment to ERISA is HIPAA which does provide significant protection for the working Americans with their families that have the preexistent medical conditions.
Group health schemes that are established and maintained by the government entities, cathedrals for their employers, unemployment, and disability laws are not covered by ERISA. Also, Plans that are outside the U.S. are not covered by ERISA.
It covers discrimination in employment diversity, gender, harassment and labor related issues. EEOC offer a range of resources related o employment issues. EEOC advocates for the right to employment. Under the right to employments, EEOC ensures that applicants to and the employees of the private employers, local governments, state, employment agencies, labor organization and education institutions are protected under federal laws (Stephens, 2015).
Regarding race, sex, national origin, and religion under the i964 Act, prohibits the discrimination in promotion, hiring, fringe benefits, pay, classification, job training and various aspects of the employment on the above-stated facets. It also takes care of the disabled as It protect the qualified applicants and the employees with any disabilities from all forms of discrimination in promotion, hiring, pay, job training, referral, fringe benefits, discharge and classification by the disability through the 1990 Act (Lipscomb et al., 2015).
Discrimination against age by promotion, hiring, compensation, privileges, terms, conditions, and discharge is prohibited under the 1997 Act as it protects the employees who have attained the age bracket of 40 years or older (Sanford, 2014). EEOC further prohibits sex discrimination under the 1964 Act regarding remuneration of both men and women who perform the same and equal chores within the same establishment.
Workers compensation being a kind of cover which provides wage placement and the medical aids to the injured employees during their time of employment for the mandatory relinquishment of a workers right to litigate his or her manager for the misdemeanor of the negligence (Dwoskin et al., 2016). There four major compensation programs provided to the federal workers who acquire either an occupational disease or are injured in the course of the delivery of their duties and they include medical treatment, vocational rehabilitation, benefits of wage placement and other benefits. The employees injured in the workplace are required to contact the board for compensation of the state workers (Sanford, 2014).
All these benefits serve to the advantage of both the employee and the employer. They aid in providing a safe working condition for the employees and their families security in the future in case of an eventuality. All the employers and employees are required to abide by them for the smooth working relations.
Dwoskin, L. B., Squire, M. B., Patullo, J. E., & Kessler, L. (2016). The EEOC at 50. Employee Relations Law Journal, 41(4), 3-34.
Lipscomb, H. J., Schoenfisch, A. L., Cameron, W., Kucera, K. L., Adams, D., & Silverstein, B. A. (2015). Workers' compensation claims for musculoskeletal disorders and injuries of the upper extremity and knee among union carpenters in Washington State, 1989-2008. American Journal Of Industrial Medicine, 58(4), 428-436.
McLeese, K. R. (2016). ERISA Preemption: A Delicate Balance. Benefits Law Journal, 29(2), 107-112.
Sanford, E. (2014). Workers' Compensation Insurance : A Primer. New York: Nova Science Publishers, Inc.
Stephens, N. (2015). The Family and Medical Leave Act : Overview and Policy Issues. New York: Nova Science Publishers, Inc.
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