Lewis worked as a bookkeeper for the school district without a problem until 200

Question

Lewis worked as a bookkeeper for the school district without a problem until 2004. During that year, both her parents became terminally ill and she tried to care for them at home. Her father died in May, and her mother came home from the hospital a week later. Lewis’s boss gave her permission to take time off to care for them and to work from home when she could. She missed 72.5 days of work, and other employees had to alter their schedules to cover for her. During a school board meeting to discuss salaries, her boss said the office didn’t function smoothly without her being there and suggested a smaller raise for her. It was suggested they start looking for a new bookkeeper, but instead he wrote her a letter saying she should resume her regular schedule at the beginning of the school year. However, she missed 6 of 20 days in September and 7 of 20 in October. At the October board meeting, her boss said there were problems in the office, including a late tax payment and a problem with a credit check. Instead of firing her for absenteeism, they gave her intermittent FMLA leave, during which time she could set her own schedule but had to perform all her bookkeeping duties. Despite all the problems, the district never sought part-time help. In November there were still problems, and a board Chapter 25 Employment Laws 447 Personnel and medical records are another area of privacy concern to employees. Congress recently enacted the Health Insurance Portability and Accountability Act (HIPAA) to help maintain the privacy and security of health information. Employers who obtain identifiable information from health plans they administer are regulated regarding what information they share and with whom it can be shared. The Department of Health and Human Services adopted final regulations, and compliance with those regulations is now required. Many states allow both public and private employees access to their personnel files, and some limit third-party access to those files. Employee privacy is an area of growing concern to both employees and employers. It is likely to continue to be the subject of litigation, legislation, and expansion member suggested she be fired and expressed disdain for the FMLA. In March the superintendent recommended she be replaced, and the board approved. She was given the choice to resign with paid insurance to the end of the school year or be permanently demoted to teacher’s aide but paid her current salary until the end of the year. The letter said, “It was determined that you miss too much work to meet the essential functions of your present assignment.” Lewis sued under the FMLA. Did the school district violate the FMLA? Explain.

Explanation / Answer

FMLA-The Family and Medical Leave Act is the act enacted by United state in 1993. This law covered the employer to provide employees with job-protected and unpaid leave for qualified medical and family reason. For example, These include pregnancy, the child care, family care, etc. This law was intended "to balance the demands of the workplace with the needs of families.

In the case of Lewis, she had missed almost 85.5 days in a year which is higher than the allowed, period in the FMLA law. According to law The Act allows eligible employees to take up to 12 workweeks of unpaid leave during any 12-month period for all such purposes which are discussed anove. The eligible for FMLA leave, an employee must have been at the business at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. But in case of lewis we don't know how old she is employed in the school or how may staff does school have. It can't be denied that she is not covered in FMLA law because this law covered both private as well as public sector and personal as well as official staff.

On the above given information we can say that school didn't violate the FMLA because it give all available option to lewis.and follow all the rules of act.

After all school also ready to pay insurance amount and remaning salary to lewis for that she did not work. So according to me Lewis should not sue school under the FMLA act. Because it is not violated by the school.

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