Family Related Issues: Family and Medical Leave Act

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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.

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, not to exceed 26 weeks.

2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.

Employees are eligible for FMLA when they are employed by a company who employs at least 50 or more employees within 75 miles. Tony pointed out in his conversation with Herman that the company had over 50 employees,…...

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