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 the parent.
The Family and Medical Leave Act (FMLA) does not define any kind of restrictions about the existence (or lack) of a relationship between the parent and the son or daughter. The definition of “parent” in the FMLA covers only the legitimate approach of the word. Neither the nature of the relationship or the duration was involved. According to the Family and Medical Leave Act (FMLA) 1993, the employer has the right though to request proof of relationship with the parent. If the parent is biological, …show more content…
Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.
Yes, the size of the business does affect the eligibility of Tony for family leave under the FMLA. Title I of the FMLA is administered by the U.S. Department of Labor and applies to private sector employers of 50 or more employees, public agencies and certain federal employers and entities, such as the U.S. Postal Service and Postal Regulatory Commission1. Otherwise, the company is free to whether adopt the FMLA in case of the number of the stuff doesn’t meet the law requirements. Tony is eligible for the Family and Medical leave since we heard him telling Herman that he has more than 50 employees overall.
3. Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. An eligible employee shall be entitled to a total of 12 workweeks of leaving during any 12-month period for one or more of the …show more content…
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.
FMLA covered employers must post an announcement approved by the Secretary of Labor explaining rights and responsibilities under the FMLA. Any employer that knowingly violates this requirement may be subject to a civil penalty of up to $110 for each separate wrongdoing. Also, employers must either include this general notice in its employee handbooks or other written guidance concerning benefits, or must distribute a copy of the notice to each new hire. Employers may use the notification prepared by U.S. Department of Labor to meet this requirement.
When an employee requests FMLA leave, the employer must notify the employee of his or her eligibility to take leave, and inform the employee of their rights and responsibilities under the FMLA. When the employer has enough information to determine that leave is being taken for a FMLA-qualifying reason, the employer must notify the employee that the leave is designated and will be counted as FMLA