...Law, Ethics and Corp Governance Case study Name: Instructor’s Name Course Title: Family Related Issues Date: 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. According to laws formulated by the same idea, it should not matter; all the biological aspects should be purely entitled to the biological parents and in regard to (FMLA) family, medical leave act. If by any chance there exists evidence that the infant does not belong to either of the parents or in this case to one of the parent, the advantages provided by FMLA can be entitled to the biological parent. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. This can affect Toney’s eligibility, reasons being that constraints will have to be made on his absence. The company will have to find someone to replace tony, or rather they will have to make other employees go for overtime hours, and this is solemnly going to increase the expenses of the company. Thus Tony’s eligibility will be highly noticed under FMLA. Explain whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns. Tony responsibilities must be fulfilled with or without his absence. The company must continue working...
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...working ground that is suitable for the two to be successful. A balance between work and family responsibilities are essential for an employee's job success in the ever changing business world of today. Not knowing the unknown is where the ultimate preparation rest for employees as they implement measures in their daily lives to accommodate and handle such adversity that they may face to balance their time and maintain their employment. The Family and Medical Leave Act (FMLA) was established in 1963 by congress to provide certain employees with up to 12 weeks of unpaid, job-protected leave per year and requires that their group health benefits be maintained during the leave (U.S. Department of Labor). The U.S. Department of Labor (n,d.) stated, "FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons and it also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women." This paper will 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 FMLA to care for that parent. Next, we look at a case to explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA and whether Herman can or cannot imply that if Tony takes a leave...
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...Family Related Issues LEG500 October 28, 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. 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. With this being the law of who is covered and who the employee may take FMLA Leave to care for shows that yes Tony may take leave for up to twelve weeks to care for his father. The law does not state that parent had to have sole custody or that they had to have a significant role in their child’s upbringing and life. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The federal FMLA only covers a specific set of employers. Public agencies, including state...
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...“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...
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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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...Family Related Issues Legal 500 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 to care for the parent. The guidelines for the family medical leave act do not detail nor require parental involvement. Therefore one should not infer an absent parent would not qualify because whether or not the parent had an impact on raising the child is not included in the qualification. Although it is not outlined that a parent must have a certain level of involvement in the child’s life there have been cases where employees have been awarded accommodation per FMLA for grandparents or other family members depending on the level of commitment in the raising of the child. For example grandparents and aunts that assumed the responsibility of primary caregiver have been awarded the approval. “The leave requirement is ‘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, & Ingulli. 2010)”. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. Size of the business does have an impact on employee eligibility under the FMLA companies with less than 50 employees are not subject to the job protection under the Family Medical Leave act. Although this may not be fair to the employees...
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...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...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES ALICE F. EDDINGTON PROFESSOR RHONDA J. WILLIAMS EVANS LAW, ETHICS, AND GOVERANCE LEG 500 JANUARY 26, 2012 Family and Medical Leave Act (FMLA) What is the Family and Medical Leave Act (FMLA)? It is an act that was passed in 1993; it is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. The four are: pregnancy, caring for an infant, this includes new borns, adoptions, and foster children that have been placed in your home, caring for a seriously ill relative, or to allow the employee to recover from a serious injury or surgery. (Halbert, 2010) 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. According to the FMLA, a parent is the biological parent of an employee or any person 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 (DOL, 2009). Tony’s father was never in his life, but now that his father is sick, he is willing to take care of him. Herman has no right to tell him that he can’t take care of him because he was never there. When he thought he was putting him in a nursing home, he was all for letting him take time off for that. But when he asked for leave to check...
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...Family Related Issues: Balewa Sample Roreita Walker Law and Ethics in the Business Environment July 23 2011 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. It does not matter if the parent had nothing to do with the biological child. The employee can still take advantage of the Family and Medical leave Act. The law interpretation of parent is as follows (7) PARENT.--The term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter. (FMLA) by the interpretation I would say it does not matter how much time the biological parent spent with the child or if he or she was actively involved, the child still has a legitimate claim for leave to take care of that parent. There has to be a clear definition of the word parent, if not it would open the door for Employers to have...
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...Assignment #2 – Family Related Issues Dr. Rodgers Law and Ethics – LEG 500 July 29th, 2011 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. Family dynamics plays an important on various roles in our day to day lives as well as our careers. Every family has their own ways of deciding who has the power and authority within the family unit, and which rights, privileges, obligations, and roles are assigned to each family member. However not all families are structured in this matter. In this case study, an employee Tony who is employed at an Auto car dealership informed his boss that his father is ill and needed surgery. Tony stated to his boss Herman that he would like to take a leave of absent to care for his terminal father; Tony also disclosed to his boss the non existing father/son relationship to Herman who told Tony that he could lose his job if he decided to take a leave of absent. The family and medical leave act established to help employees keep their benefits and jobs attending to family and serious medical issues. The Family and Medical Leave Act (1993) states that, a parent is either the biological parent or the person who acted as the parent when the employee was a child. A son or daughter is either biological, adopted, under foster care, a stepchild, a legal ward, or any child that the employee is assuming parenting...
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...Mirna Phillips 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...
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...Family Related Issues Derrick Dingle Professor Myers-Nelson Law and Ethics in the Business Environment 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. 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/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, unpaid leave during any 12-month period to eligible, covered employees and employers must grant eligible employee this right for one or more of the following reasons, the birth and care of a newborn child, placement with the employee of a son or daughter for adoption or foster care, care for a spouse, son, daughter or parent with a serious health condition, medical leave when an employee is unable to work due to a serious health condition, qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. A spouse means a husband or wife as defined or...
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...Assignment #2 – Family Related Issues Kenya Williams Dr. Mark Davis LEG 500 – Law, Ethics, and Corporate Governance July 31, 2011 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. It does not matter if a parent had anything to do with a biological child in order for the child to take care of his or her parent and take advantage of FMLA because, under the Family and Medical Leave Act of 1993, “parent” means a biological parent adoptive, step or foster father or mother, or an individual who stands or stood “in loco parentis,” meaning in place of parent, “to the employee when the employee was a child (U.S. Department of Labor, 2010). However, this does not extend to a parent in-law (U.S. Department of Labor, 2010). Also, under the law, each employee has a set amount of vacation and sick time allocated, in which they can by law take if there is enough to cover what they are asking to take (U.S. Department of Labor, 2010). Therefore, Tony is eligible in this category to take FMLA, providing that he has fulfilled all other qualifications. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. FMLA does not apply to everyone. There are exceptions. The Act does not apply to small employers, or to employees who have been hired recently. Although the exceptions...
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...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. The type of relationship or lack there of between a child and their biological parent has no bearing on whether an employee is eligible for FMLA. The Family and Medical Leave Act of 1993 give employees yet another reason to sue their employers. Employers must provide their employees up to 12 weeks of unpaid leave per year for the birth or adoption of a child, or for the serious health condition of the employee or a close family member. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. Herman gets upset when Tony, the top performing sales man of a local auto dealership, decided he is going to take a family medical leave to help his seriously ill father. Herman, the owner of the dealership, argues that if Tony takes a substantial amount of time off, it would jeopardize the sales of the company. Herman mentions that the dealership is a small business and that everyone’s presence is dependent in the increase of sales. In turn, Tony points out that Herman has more than 50 employees, and that he should give one of the employees the opportunity to work fulltime. Based on the information from the Department of Labor the size of the business can have an effect on whether an employee is eligible, “The FMLA applies...
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...1. Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. Who is covered? Family and Medical Leave Act (FMLA) provide a means for employees to balance work and family responsibilities by taking leave for certain reasons. The law is intended to promote stability and economic security for families, as well as national interests in preserving the integrity of the family. FMLA applies to any employer in the private sector, which is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more employees each working day for at least 20 calendar weeks in the current or preceding calendar year. The law applies to all public institutions (state and local authorities) and local educational institutions (schools, whether public or private). These employers do not have to meet the "50 employee" test. Section II of the FMLA covers most federal employees who are subject to regulations issued by the Office of Personnel Management. To be eligible for leave FMLA, a person must (1) be used to cover the employer and work in the workplace within 75 km of which the employer uses at least 50 people, (2) worked at least 12 months (not to be in another sequence) for the employer, and (3) worked at least 1250 hours during the 12 months immediately preceding the date FMLA leave begins. FMLA provides the right to 12 weeks of protected, unpaid leave during any 12-month period for the following reasons: Birth and child care worker or placement for...
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