Leg500 Fmla

Assignment #1 – Family Related Issues

Law, Ethics, and Corporate Governance
LEG 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.
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 (DOL, 2009).

An employee has the right to take a leave to care for a spouse or domestic partner, 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 workweeks during the twelve month period. The twelve-workweek period is measured backward on a rolling basis from the date when an employee first uses any FMLA leave (Halbert, 2009).

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 FLMA exceptional and special rules, he refused to offer Tony intermittent or reduced health leave or alter means to keep him employed. However, Herman did offer a threat of being unemployed if Tony decided to take the leave.
Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.
To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers, the 50-employee threshold...