...Family Related Issues by Darryl Mitchell Professor Kenneth Pino Law, Ethics, and Corporate Governance – LEG 500 July 23, 2011 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 nothing to do with a biological child have nothing to do with the child being eligible for FMLA to care for that parent and it shouldn’t matter. Regardless of the relationship between a parent and child, the child would fall under the FMLA and would be able to care for the parent. Under FMLA, an employee can care for a parent if they have a serious health issue. Even though the video never stated what the issue is, since the father will be having surgery that would fall under a reasonable explanation for the employee to take the leave. A parent can be either a biological parent or someone who stood in place of a parent in raising a child. It never states anything about the type of relationship a parent needs to have with the child. Since he is actually the biological child he would fall under the FMLA and would be able to care for the parent. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The size of the business can have an effect on whether Tony is eligible for family leave under the FMLA but not in the way Herman describes...
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...of her office and fired. The employee sues under the FMLA, claiming that she was fired instead of being granted needed medical leave. The district court granted the employer summary judgment, finding, that Stevenson never gave the employer notice that leave might be required. Stevenson v. Hyre Electric Company - FMLA This is a very confusing case, but it is very clear to me that the Plaintiff was in error of an amiable decision on this case. The fact of not providing the correct notice of FMLA in the allotted time was definitely the key in this case, had Stevenson provided the required documents, she would have won the judgment and there would have been no room for question. There is room for some doubt regarding this decision, however; it still goes back to the fact that she did not follow the proper protocol as required by the Defendant. Stray Animal Causes Disturbance In Workplace The Plaintiff was going through her usual duties when a dog got into the office through an open window. The presence of the animal in the workplace caused the Plaintiff to start to act in an unusual manner (jumping around, shouting, etc.) she got a headache, felt blood rushing to her head, and her neck tightening up, as a result of this incident the Plaintiff stated that she did not feel well and had to leave for the day. She called in sick the next day as well. In the next few weeks that came, she got into a screaming match...
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...Analysis of Situation A It is necessary to establish whether the employee qualified for the leave and whether the terms as stipulated under the Family and Medical Leave Act of 1993 (FMLA) were actually met. The Act requires that for one to benefit from the leave he or she must have worked with the employer for more than 12 months. Employee A had worked for 2 years and it can be deduced that he had successfully completed at least 1250 hours at the work place. The rationale of the law is to make it possible for one to accomplish his professional obligations and personal ones without having to choose one at the expense of another. The reason for the leave must be for the care of a family member who has a serious health condition or one's own health condition. Employee A asked for the leave to take care of his wife who had prematurely given birth to twins. In fact, this is one of the reasons listed in the FMLA for this type of leave. It is not difficult to discern that this is a serious medical condition which requires continuous care of the patient. Therefore, employee A should not be subjected to any victimization or any form of bad treatment only on the ground of the leave. Shifting focus to the duration of the leave, an employee is entitled to up to 12 weeks of this type of leave, so long as the right paperwork is provided. Employee A had been out for 11 weeks, hence, was still within the statutory period of 12 weeks. Since the issue of paper work is not a concern under this...
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...The Family Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave (www.dol.gov). This Act became effective on August 5, 1993; almost 20 years ago. It entitles eligible employees to twelve workweeks (roughly 3 months) of leave in one calendar year for the birth of a child and to care for the newborn child within one year of birth (www.dol.gov). Under this Act, the eligible employees are entitled to medical leave for the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement (www.dol.gov). Another reason for eligible employees to take a medical leave is to take care of their spouse, child, or parent who has a serious health condition. If this employee has a health condition that makes him/her unable to perform the essential functions of his/her job, this is definitely a reason for medical leave under the FMLA. These are just a few reasons that would enable an employee to receive medical leave covered by the Family medical Leave Act (FMLA). Former to this Act if an employee need time off to take care of their spouse or children the decision was in the hands of their employer. The employer had the leisure of giving the employee the leave. Also, if the employee felt that this was...
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...“The Family Medical Leave act of 1993 allows eligible employees to take “unpaid, job-protective leave” without the loss of medical benefits for up to twelve weeks if they are taking the leave to provide care for themselves while suffering a serious health condition, provide care for a newly born or adopted child or a family member with a serious health condition, address their own or a family member’s deployment or return from employment as a military service member" (Paige & Nelson, 2018, p. 71). Employees are protected and qualify for FLMA, if: • The employee has worked for the employer for twelve months, and within those twelve months worked at least 1,250 hours (when calculating hours, previous days and hours of reported absences...
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...To gain a better understanding of how acts of congress are formed from inception to enactment there are various methodologies one can use. For this paper I will be using the Analytical Framework methodology as described in our class textbook, The Struggle for Democracy by authors Edward Greenberg and Benjamin Page. The congressional act I’ve chosen to explore is one of great importance to all working Americans. The Family and Medical Leave Act of 1993 specifically deals with the need of our nation’s workforce as it relates to work/life balance. The purpose of this paper is for the reader to gain an understanding of how the Family and Medical Leave Act of 1993 came to be signed into law by providing the context of why the need for such a...
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...Michael Collins Presents: Family Medical Leave Act Abuse: Regulation Changes are Necessary for Today’s Workforce. In partial fulfillment of the requirements for English 215 Research and Writing Summer 2014 To: Professor Sgroi, Course Facilitator Department of English and Humanities Strayer University—White Marsh Campus White Marsh, Maryland Family Medical Leave Act Abuse: Regulation Changes are Necessary for Today’s Workforce. Abuse of the Family and Medical Leave Act regulations by reciepients is a common practice that affects those who depend on the regulation. When Interminttent FMLA leave is requested, employers often find employees abusing the leave, when the leave is not necessary. When Intermintent FMLA leave is exploited, it affects those who do not abuse the regulation; by adding more stipulations to time allowences and even lessening the time granted for those who do not abuse the leave. This has become a major problem with employers and employees. The Family and Medical Leave Act must be changed, in order for it to protect those who it is intended for, and not as a “work when I want” for those who it is not intended for. The history of FMLA started in 1984 when the first draft of the legislation was written by The National Partnership for Women and Families. The Family and Medical Leave Act passed in Congress in January 1993 with bipartisan support. President Clinton signed the act with it being one of his first accomplishments...
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...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. It does not matter if a parent literally had nothing to do with a biological child in order for that child to take advantage of the Family and Medical Leave Act (FMLA) to care for their parent. According to the Act, an employee is entitled to leave “in order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition” (Halbert, T. & Ingulli, E., 2010, p. 137). This being the case, it makes no difference if the parent had anything to do with the child requesting the leave; all that matters is that the child (employee) is entitled to the leave according to the Family and Medical Leave Act’s guidelines. Other sections of the law guarantees that an employee who returns from a leave of absence can come back to his or her position or one with equal benefits, pay, and employment conditions, and not stand the chance of being terminated as a result of the leave. It also ensured that the employee would not lose any of the benefits they had accrued prior to their leave, which includes their group health benefits as well. Employees would become eligible for at least 12 weeks of leave after they had worked a specified number of hours for the company during any 12-month period, working at least 1250 hours,...
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...FAMILY RELATED ISSUES: FAMILY MEDICAL LEAVE ACT Family Related Issues: Family Medical Leave Act The Family and Medical Leave Act was passed by congress and signed by President Clinton in 1993. The Act was established because there was no low that dismissed ill or injured workers who missed too many days at work without termination. Based on the information found on the United States Department of Labor website, the FMLA provides an entitlement of up to 12 weeks of job-related unpaid leave during any 12 month eligibility period. The FMLA covers employees, for 1) birth and care of the eligible employees child or placement of a child in foster or adoptive care 2) care of an immediate family member (spouse, child, parent etc.) who has a serious health condition or 3) to care for an employee’s own serious health condition (Solis, Updated 2010). I. 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. Code § 825.122 (b) Parent. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined in paragraph (c) of this section. This term does not include parents “in law. Based on the description of a parent in the above code, Mr. Sulka had every right to take family leave to care for his elderly father when he comes...
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...Assignment #2 – Family Related Law, Ethics, and Corporate Governance – LEG 500 May, 2011 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. 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...
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...Running Header: Video Assignment Family Related Issues Strayer University Professor Whitney Davis, Esq. LEG 500 29 January 2012 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. No, it does not matter if the parent was in the employee's life as long as it is the employee's parent then they are able to use FMLA. The type of relationship or lack thereof between a child and their biological parent has no bearing on whether an employee is eligible for FMLA. An employee can ask to use FMLA to care for a family member (whether they had nothing to do with them), for their own physical or mental health care and after the birth or adoption of a child. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job protected and unpaid leave during any 12 month period to eligible covered employees and employers must grant eligible employees this right. Explain whether the size of the business can have any effect on whether Tony is eligible for Family Leave under the FMLA. Yes, but not in the way Herman describes. Herman is trying to use business necessity as a reason to keep Tony from taking a family leave to help his ill father. The Family and Medical Leave Act (FMLA) applies to a company if there are over 50 employees within 75 miles of the worksite, and at least 50 of the employees’ work...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES LEGAL 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. 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. Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to care for the biological parent. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based...
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...child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent? It does not matter if the Tony’s father was in his life or not. He is still Tony’s biological father and he has every right to take care of him. According to the FMLA act 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. (DOL, 2010) Question 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA? The size of a company does matter when it comes to the Family and Medical Leave Act. Small independent owned companies or businesses with less than 50 employees do not qualify for the FMLA act. This law applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees (that’s how many employees BG Motors employs). Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months. An employee must follow certain procedures in order to take FMLA leave. If the employee knows in...
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...Family Related Issues 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. Families in America today look different than they did in the past. The families of today have changed complexion, changed composition, and changed expectations, but not matter what the change is within a family, its function in our society remains the same. The function of a family is to provide for and nurture the development of future generations. The Family and Medical Leave Act (FMLA) also allows eligible employees to take up to 12 weeks of job-protected leave to care for a spouse, child, or parent with a serious health condition. According to the FMLA statute, a “parent” is any person who is the biological parent of the employee or who stands, or stood, in loco parentis (in place of the parent) to the employee when the employee was a child. A person is considered “in loco parentis” if he has day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had this type of responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Parents-in-law, however, are not included within the meaning of “parent.” (Michelle’s Law (Public Law 110-381), 2009) Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under...
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...October 30, 2011 Family and Medical Leave Act Dr. Caldoroda Family Related Issues 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. Under FMLA a parent is defined as the biological parent of an employee or an individual who acted as a parent to an employee when she or he was a child. Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to care for the biological parent. An employee has the right to take a leave to take care for spouse or domestic partner, child or parent, child or parent with a serious health condition, need not take leave continuously so long as the leave does not exceed a total of twelve work weeks during the twelve month period. The twelve work week period is measured backward on a rolling basis from the date when an employee first uses any FMLA leave. Even though there is a parental distance between Tony and his dad, he was determined to care for his ill father. This does not give Herman the right to deny him his last opportunity to have a father son relationship. Herman was supporting Tony in his decision to care for his sick father, until he advised that a leave would be needed. Upon the discussion Herman violated the FMLA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means...
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