Smith has been a non-union employer of the City of Grand Plank for the past 13 y

Question

Smith has been a non-union employer of the City of Grand Plank for the past 13 years. The City of Grand Plank gives its employees 2 weeks of paid vacation each year, and Smith has used all of his vacation time. Two months ago, Smith’s grandmother become very ill and was in need of round-the-clock care. Against the warnings of his supervisor, Smith left his job and care for his grandmother. Upon attempting to return of work, Smith found that he had been replaced by the City of Grand Plank. Which of the following Statements is most accurate?

a) Smith will be unable to successfully sue the City of Grand Plank because as a municipal entity, the city is immune from liability under the FMLA.

b) Will be unable to successfully sue the City of Grand Plank if the City’s reason for replacing Smith was his leaving his job to care of his grandmother.

c) Smith will be able to successfully sue the City of Grand Plank under the FMLA if the City of Grand Plank has 50 or more employees.

d) The City of Grand Plank most likely will have to reinstate Smith, with pay, and put Smith back in the same or an equivalent position.

e) The City of Grand Plank most likely will have to reinstate Smith, without pay, and put Smith back in the same or an equivalent position.

Explanation / Answer

If FMLA is applicable then

c) Smith will be able to successfully sue the City of Grand Plank under the FMLA if the City of Grand Plank has 50 or more employees.

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