Family Related Issues Kimberly C. McIver April 27, 2011 Parren K. Shannon, JD LEG500

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. Whether a parent had anything to do with the child or not is not relevant. The qualifications to participate in Family and Medical Leave Act of 1993 are as follows the FMLA does not apply to all employees, or to all employers. The FMLA only covers employers with 50 or more workers, who have employed 50 or more workers for at least the past 20 weeks. It also applies to public agencies, regardless of the number of employees, and to elementary and secondary schools, both public and private. The FMLA only applies to employees who have worked for a covered employer for a minimum of 12 months, although these 12 months do not need to be consecutive. Additionally, the employee must have worked at least 1,250 hours for the employer during the previous 12 months, at a site where the employer has 50 or more employees within a 75-mile radius (McLaren, 2011). Once the neglected child decides to take on the responsibility of caring for the parent the employer is obligated to observe the Family and Medical Leave Act of 1993. Although employers are required to observe the law the employer can not be bias concerning the employee’s situation. The law is not base on whether the employer agrees or disagrees with what, why or who the employer’s only concern is the observation of the law. The employer’s only concern if the company falls under the requirement is to follow the FMLA or face persecution. There is no mention in the act as to where the employer can pick or chose if the employee qualifies to participate in the Family Medical Leave Act. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under FMLA. The law states that Tony is eligible to use his FMLA base on several facts. Tony’s company has to follow the Family and Medical Leave Act (FMLA) because his company employs 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 (Vikesland, 1998). So yes the size of the business can determine whether some one is eligible for FMLA. The clause that Tony‘s employer is referring to is the employer is telling him he is a key employee and his position my not be available upon Tony’s returns. The employer is within his rights but he also has to inform the employee where he stands and give the employee the right to make the proper decision for his situation. In my opinion if Tony is as good as his employer believes he is he will not have a problem upon his return. 3. Explain whether Herman can or cannot imply that if Tony takes leave of absence under FMLA, he may not have a job when he returns. , Herman can imply that if Tony takes the leave of absent to get his father situated he my not have a job when he returns because he has told Tony that he is a key employee. Herman has told Tony this is the most important time of the year with a new product coming out he really needs him there. Herman is within his legal rights because FMLA has determined that if an employee is part of key personnel the rules and regulations are different. The only problem Tony my have is if he truly falls under the key employee rule which affirms under the Family Medical Leave Act that Tony employer does not have to reinstate him but the employer cannot deny Tony from taking leave. The law said that while it is true the FMLA puts some limits on the rights of these key employees, the law only affects their reinstatement, not their right to take leave. In addition, the FMLA places a heavy burden on you to notify key employees of their status before denying reinstatement (allbusiness.com, 1999). 4. Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. The persons covered by the FMLA are employees who have worked for a period of twelve months or one thousand two hundred fifty hours in a twelve month period. The requirements are a birth or adoption of a child. The Family and Medical Leave Act of 1993 can also be use to care for a sick family member; family member are considered as a wife, husband, mother, father, son or daughter. FMLA can also be use by the employee to care for him or herself in the event of a serious health condition that makes the employee unable to perform his or her duties at work. So updates and exceptions to the rule are service members injured in the line of duty the caregiver can take up to twenty-six weeks to care for the service member. Another exception is since the leave act became effective, there's been some clarification from the Department of Labor. Many workers questioned who could take leave to care for a sick family member; for instance a sick niece, nephew, fiancé, or gay spouse? The clarification states: 'an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship (McLaren, 2011). 5. Explain the extent to which an employer can make his or her own determinations as to the eligibility of an employee under the Family and Medical Leave act. The employer can attempt to make a reasonable determination about the veracity of an employee's reasons for taking a leave of absence under the act. The employer cannot, however, resort to coercive tactics, such as threats about the employee losing his or her job, to prevent the employee from taking the leave.

References:
1. McLaren, Noel. (2011, April 14). Understanding the family medical leave act. Retrieved from http://www.uppermichiganssource.com/news/story.aspx?id=605673
2. Vikesland, Gary. (1998.). the family & medical leave act. Retrieved from http://www.employer-employee.com/fmla.html#bytopic
3. What do i need to know about fmla? (1999). Retrieved from http://www.allbusiness.com/human-resources/workforce-management-employee/1088-1.html