SLP 4 MGT- 412 LEGAL CONSTRAINTS ON EMPLOYEE BENEFITS Essay

SLP 4 MGT- 412 LEGAL CONSTRAINTS ON EMPLOYEE BENEFITS - Essay Example ses a potential legal issue to the company especially when she claims that Mike started treating her differently after learning about her complication. Most employees in the company had not realised any deterioration of Ellens performance. It is clear that Mikes ill-treatment of her stems from her medical condition that has necessitated her to take intermitted leaves in recent time. By the fact that she has been following all the companys procedure in requesting the leave, Mike does not have any legal ground to be critical of Ellens performance. Another issue of consideration is the fact that, Ellens performance has been consistently good through her employment history at the company. Reviewing an employee performance negatively because she took FMLA is against the law. In Goelzer v. Sheboygan County, the court noted that an employee cannot be negatively reviewed bases on the fact she took intermitted leave (Kathleen, 2010). It is in the companys best interest to encourage the employee to exercise their legal right. When encouraged to exercise their legal rights the employee are less likely to abuse the framework within which such a right can be exercised. All the company need is to give a clear guideline on how such rights can be enjoyed. What the company should do is educate it management on the various provisions of The Family and Medical Leave Act. It will serve to ensure that the employee who exercises their right of taking a deserved Family and Medical Leave are treated in accordance with the provision of the law. While intermittent leaves are going to affect employers negatively in the time-sensitive industries, in our case, the company faces no immediate challenges. As well, there is a need to encourage the employees to provide a reasonable notice when taking intermitted leave. The company can go ahead and hire a health supervisor who can be in better position to verify all the health certifications provided by the employees in support of the