Law, Ethics, and Corporate Governance – LEG 500
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.
Under the Family and medical Leave Act (FMLA), a child can take care of their biological parent. This is even true even if that parent literally had nothing to do with the child growing up. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor (www.dol.gov).
2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar year. If your company is a public agency, you are subject to provide FMLA regardless of the number of employees employed. All schools, private or public, are considered public agencies. Due to these facts, Tony is eligible for The Family & Medical Leave Act (FMLA) because in the video, it was mentioned that the small company he worked for had approximately 50 employees (eeoc.gov).
3. Explain whether Herman can or cannot imply that if Tony takes a leave of...
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