When your employer asks about your religion and your thoughts on several occasions such as Eid’l Fitr or Good Friday, you should never answer such queries. Because these employers would seek employees that won’t go to such occasions, thus they want people who can work even on such special occasions. Even if the issue is not necessarily on the religion of the applicant, it boils down to whether or not a person is willing to sacrifice his personal life for the sake of working for an extra day. When the HR person asks you about it, tell them that it is an inappropriate question, and tell them to ask him or her to carry on with other questions instead.

Corporate America, where the Male population dominates the Forbes List of TOP 50 CEOs also trickles down to comparable industries such as the Medical and Health Care Industry. For the series of posts for this month, we will tackle several questions an employer should not ask an applicant on issues such as gender, and other factors such as disability and religion. America has been always regarded as the land of the free and has the highest tolerance to other people. But in the workplace, it seems to be a little different from what they are preaching, most especially these human resource developers – seeking efficiency more than other traits in a person, but the said traits/ issues should not factor in according to several laws and also in the Amendments of the United States of America.

When an employer asks a woman on her plans in giving birth in the near future, this too is a major no-no. they would want to hire people that are efficient enough and would become more economical for them to have an output rather than giving a person a paid maternity leave instead.

First of all, it is down right discriminatory since it is an essential part of a female being, and would entail her freedom over her own
body; and secondly, on the basis of disability, where there is an assumption that disabled people cannot give output as what their
capable counterparts can offer. They can be sued for doing such acts.

I have tackled a form of incapacity, which is pregnancy, but let us delve further on the general scope of incapacitation. Sure an employer can ask questions on what you are incapacitated of, and your requirements, but they cannot ask any other questions regarding that matter.

Questions pertaining to these matters involve such discrimination on to these incapacitated people. And would mean that they aren’t fit for the job that they are applying for. Although it is logical that some cannot do physical jobs due to their condition, other jobs, requiring technical skills doesn’t limit incapacitated people from doing their best and producing quality output.

Q: Are there any restrictions on how I spend my time while on leave?
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Q: Can the employer count leave taken due to pregnancy complications against the 12 weeks of FMLA leave for the birth and care of my child?

Yes. An eligible employee is entitled to a total of 12 weeks of FMLA leave in a 12-month period. If the employee has to use some of that leave for another reason, including a difficult pregnancy, it may be counted as part of the 12-week FMLA leave entitlement.

Q: Can the employer count time on maternity leave or pregnancy disability as FMLA leave?

Yes. Pregnancy disability leave or maternity leave for the birth of a child would be considered qualifying FMLA leave for a serious health condition and may be counted in the 12 weeks of leave so long as the employer properly notifies the employee in writing of the designation.

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Q: How much leave am I entitled to under FMLA?

If you are an “eligible” employee, you are entitled to 12 weeks of leave for certain family and medical reasons during a 12-month period.

Q: How is the 12-month period calculated under FMLA?

Employers may select one of four options for determining the 12-month period:

- the calendar year;
- any fixed 12-month “leave year” such as a fiscal year, a year required by state law, or a year starting on the employee’s “anniversary” date;
- the 12-month period measured forward from the date any employee’s first FMLA leave begins; or
a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.

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It is unfortunate when incidents of medical negligence occur. But it is also not right for you or anyone to take this sitting down. The healthcare provider must be made answerable for this negligence, which is entitled to you by law. Medical negligence happens when a medical provider fails to act in accordance with the standard procedures in medicine.

The most important step is to establish the elements of your case, like who exactly is the person or who are the people involved in the malpractice incident, as well as establish an as detailed as possible chronology of events that led to the incident. You may also opt to settle, if the medical institution offers it, but first consult your lawyer for the best course of action.

Every medical professional is required to ask for consent for any medical procedure, test or operation that will be done to a patient except if there is grave threat to life. This is to avoid consequences of patient claims that procedures done were not to their liking or authorization. Even the ambulance services obtain permission if possible from the patient or next of kin for such treatment to allow them authority to do what is necessary as it comes.
The issues regarding religious issues and primary care are at the top of the agenda in medical law circles, where religion of a particular patient who is in critical care prevents doctors from say, transfusing blood or carrying out a medical procedure that can easily alleviate the medical condition, hands tied down by the said law. There is also issues of hospitals or doctors turning away patients of particular ethnicity that borders on discrimination. Till deliberations and a ruling is made on the matter of such cases, people will continue dying for the law is the law and their beliefs are theirs along so must be respected

Been around for quite sometime due to the very real risk of contracting diseases due to blood-borne pathogens the law was put in place to ensure safety of medical personnel who are exposed to such implements. Syringes and other medical instruments that have come in contact with or are used to extract blood and other bodily fluids used to be dumped into garbage bins that have been known to spread diseases and cause epidemics.
Even as recent as a few months ago certain medical facilities were found to have practiced needle sharing and use that caused the infection of patients with the hepatitis virus which heightens the need for such laws and the observance thereof. People who work in medical facilities are to receive training on the use, disposal and handling of such materials to prevent the spread of disease as stated by the law. Medical professionals are some of the most likely to acquire infections from such medical implements due to their close use and proximity to such materials. Safety is the key and knowledge makes the workplace safer for all.