“Family Related Issue”

Kathy Butler

Strayer University

Law & Ethics in the Business Environment

LEG 500

Dana H. Evans, JD

October 28, 2011

Abstract

In this assignment, the topic “Family Medical Leave Act of 1993”, is discussed as relating to a video involving a car sales employee named Tony and his supervisor Herman. The definition of the FMLA is discussed, covered persons, and employer eligibility. As relating to the video, an explanation of whether or not it matters that a parent’s involvement determines a child’s participation is discussed, whether the size of a business matters, whether or not Herman can imply Tony’s employment status when he returns back to work, and to what extent can an employer make their own decisions and eligibility determination concerning FMLA.

In explaining whether or not the relationship between a child and his parent has any bearing on The Family Medical Leave Act of 1993, let me first explain what the law entails. This a law that grants employees entitlement of up to 12 weeks unpaid leave while protecting their job upon their return (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). The time off allows for employers to take time off for their immediate family such as parents, and children and also their spouse should they suffer from a health condition that warrants their care (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). The law does not specify whether or not that parent had anything to do with parenting that child but the fact that they are the parents. Like the case in the video, Tony talked about the fact that his father was very ill coming out of a nursing home and was going to need to live with him. He further explained that he didn’t have a relationship with his father because he wasn’t in his life as a significant parent but he was still his father. The FMLA does not specify child-parent relationships but gives the choice to the employer saying that you can take this leave if you qualify and your job will be protected. As long as the employee qualifies under the act and the employer qualifies, the option is there regardless of their relationship. Does the size of the business have anything to do with eligibility for FMLA? The business has to qualify to be eligible just like the employee has to qualify. The specifications of the act says that all public agencies include state, local, and federal employers qualify, local education agencies, and private sector businesses who have at least 50 employers and who live within 75 miles of the business (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). Therefore, in terms of the car dealership that Tony worked for from the video, if there weren’t at least 50 employers, that business did not meet eligibility for its employees to participate in FMLA. If this were the case, Herman could probably terminate Tony if he takes 3 weeks off because his job would not be protected. The act protects the job of the employee upon their return. According to the FMLA, an employer in this case Tony, would be allowed to take up to 12 weeks of unpaid leave if he has been employed at least 12 months and have worked at least 1250 hours (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). If indeed the dealership did meet eligibility requirements, Herman would be out of line. In the video, Herman the supervisor implied to Tony that he if he did take the 3 weeks off, he may not have a job when he returned. This comment was unnecessary and unlawful if the dealership was eligible for FMLA. Under the act, is “unlawful for an employer to interfere, violate, discharge or discriminate against an employee” (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). According to an article on www.fmlaonline.com, it stated that “an employer must return employees who were on Family Medical Leave Act back to his original position or one comparable with the same benefits, salary, working hours, etc.” (http://www.fmlaonline.com). Even if the dealership could not participate or wasn’t eligible for FMLA, it was a discriminating comment Herman said to Tony. He threatened his job which was unethical on his part and illegal. Depending on the state where the dealership is located, he could not be fired for taking time off if he followed all the rules or were in compliance with everything. In Georgia though, it is an “at will” state which means that a person can fire you if they don’t like the color of your shoes. Of course you could file discrimination charges against them or take action but it’s the idea of going through something unnecessary, costly, and time consuming. Who is covered under the Family Medical Leave Act? Under the act, a covered employee is one who has worked at least 1,250 hours and has been gainfully employed for at least 12 months is eligible. That person is eligible to take up to 12 workweeks of unpaid leave from their job and have their job protected upon their return to care themselves should a serious illness arise, their spouse, or immediate family (Halbert, T., & Ingulli). A person can take leave for the birth or care of their biological child, adopted child, or foster child. This employee must also work for any public agency including state, local, or federal, an education agency, or private sector business that meets the requirements (http://www.dol.gov/cpmpliance/laws/comp-fmla.htm). To what extent can an employer make his own determination of eligibility? The extent of the employer making a determination of FMLA eligibility does not exceed what the law specifies. As long as the employee has met the eligibility requirements and has abided by the company policy, the employer has no right to interfere. The length of time the employee is to notify the employer of their intention is said to be 30 days, but then states that if a 30 day notice is not possible, the employee is to make notification as soon as possible. If an employer does not comply with the law, an employer can file a complaint with the Department of Labor (http://www.fmlaonline.com). However, there are a few exceptions in which an employer can deny the restoration of an employee’s position according to the text on page 137 (Halbert, T., & Ingulli). There are several eligibility requirements concerning the Family Medical Leave Act an employee and employer has to meet but it is great to have in place. It allows a person the opportunity to take some needed time off to handle a crisis or a change in a family situation to get things together. By allowing time off, the employee is more productive upon their return hopefully by giving them enough time to handle personal business. It works well for the employer also because a more productive employee means a more productive company or business.

References

United States Department of Labor. The Family and Medical Leave Act (FMLA). Retrieved on October 28, 2011 from http://www.dol.gov/cpmpliance/laws/comp-fmla.htm

The Family and Medical Leave Act of 1993. Retrieved on October 28, 2011 from http://www.fmlaonline.com

Halbert, T., & Ingulli, E. (2009). Law & ethics in the business environment: 2010 custom edition (6th ed.). Mason, OH: South-Western Cengage Learning