1.Explain if it matters that a parent literally had nothing to do with a biologi
ID: 1230054 • Letter: 1
Question
1.Explain if it matters that a 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 (FMLA) to care for that parent.2.Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.
3.Explain whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns.
4.Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993.
5.Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act.
Explanation / Answer
1.It does not matter if a parent literally had nothing to do with a biological child in order for that child to take advantage of the Family and Medical Leave Act (FMLA) to care for their parent. According to the Act, an employee is entitled to leave “in order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition” (Halbert, T. & Ingulli, E., 2010, p. 137). This being the case, it makes no difference if the parent had anything to do with the child requesting the leave; all that matters is that the child (employee) is entitled to the leave according to the Family and Medical Leave Act’s guidelines.
Other sections of the law guarantees that an employee who returns from a leave of absence can come back to his or her position or one with equal benefits, pay, and employment conditions, and not stand the chance of being terminated as a result of the leave. It also ensured that the employee would not lose any of the benefits they had accrued prior to their leave, which includes their group health benefits as well. Employees would become eligible for at least 12 weeks of leave after they had worked a specified number of hours for the company during any 12-month period, working at least 1250 hours, not to exceed 26 weeks.
2.The Family and Medical Leave Act state that an employer must have a staff of 50 or more employees that live within 75 miles of the business for an employee to eligible for the Family and Medical Leave Act. The total number of employees can be full-time, part-time, or temporary employees and also have been employed or on the payroll with the company for 20 or more weeks during the current year or the previous year. If the company meet or exceed those stipulations, that company is covered under the Family and Medical Leave Act for both years. In the video Tony stated that Rally Motors has over 50 employees that include full-time and part-time employees.
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