FMLA PAPER 2

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RUNNING HEAD: FMLA ISSUES

Family and Medical Leave Act
SeJames Humphrey
Law and Ethics
Victoria Ewinike
October 27, 2010

Stuff happens! There are many things that not only affect their lives but their friends and families lives as well. Sometimes there are certain things that happens, that could be a drastic change in a person’s life. That drastic change doesn’t necessarily have to be a negative thing that could have created this change. This change could be maybe a new born child or perhaps an adopted child. Some of these changes could require some special attention and may require a person to be off of work for a while. If a person needs to take off for a while there is a law that gives the capabilities of employees to do so.

According to (Kubasek, Browne, Herron, Giampetro-Meyer, and Barkacs 2010), the Family and Medical Leave Act (FMLA) actually apply to all employers, as well as private employers with fifty or more employees. It guarantees that all eligible employees up to twelve weeks of unpaid leave during any twelve month period for any of the following family conditions. The conditions that would apply are child births, the adoption of a child, and the placement of a foster child in the employee’s care. The care of a seriously ill spouse, parent, or child would be applicable to (FMLA). A serious health condition that renders the employee unable to perform any of the essential functions of his or her job is applicable as well. Employees must work at least twenty five hours per week for each of the twelve months prior to the leave.

This paragraph will explain fully if it matters that a person literally had nothing to do with a biological child in order for the child to take advantage of the FMLA to care for that parent. According to the previous paragraph, employees can apply FMLA toward their parent or guardian weather they are biological or none biological. It doesn’t specify if the parties had to necessarily be directly involved with the each other. From what is stated in the previous paragraph, FMLA should apply as long as proper information is provided to show proof of one’s parent or guardian. There is some gray are in that particular circumstance. FMLA cases are reviewed and sometimes could be overturned. If there is a legitimate reason that could be proven and the paper work to provide stability for the claim, then there is no reason a person should not get denied.

Next there will be an explanation of weather the size of the business could have an effect on weather Tony is eligible for family leave under the Family and Medical Leave Act (FMLA). According to the Family and Medical Leave Act there is a stipulation on how big or small the business should be to qualify for an employee to qualify for FMLA. Toney’s job must employ fifty or more employees for him to be able to use FMLA for a leave of absences. The Family and Medical Leave Act would also apply to private businesses as well as public businesses. Tony said that the business has more than fifty employees. Since the business does have more than fifty employees that would make it qualify for the stipulations of the Family and Medical Leave Act.

Herman cannot imply that if Tony takes a leave of absences under the Family and Medical Leave Act, that Tony may not have a job when he returns. The reason why Herman cannot imply that is because Family and Medical Leave Act cover the business that he runs. Tony told Herman that when all employees are added together that there is more than fifty employees that are employed at his business. As long as Tony has worked twenty five or more hours a week for each of the twelve months, he qualifies for to have a leave of absences. If Herman chooses to fire Tony because he took a leave of absence, then he would be violating the Federal Family and medical Leave Act of 1993. By Herman threatening Tony with not having a job when he comes back form leave, he is using...
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