Abstract Tony Sulka, the salesman of a car dealership was discussing personal family issues with Herman, the owner. Tony was confiding in Herman as a friend when he was discussing his personal business about his father. Herman took the conversation and made it fit into his decision for wanting to deny Tony Family Medical Leave. Herman acted egotistical and irrational about Tony’s dilemma with his father. Herman’s talk with his father and last threat that he made to Tony by was not professional or thoughtful. Herman should do a reality check and think of family while thinking of making his business prosperous. Tony is placed in a horrible situation of choosing family or employment.
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.

Parents not literally caring for the biological child has no resolve as to whether the child should be granted leave to car for the biological parent. Family and Medical Leave Act (FMLA) does not place stipulations on granting leave for a parent based upon financial or physical responsibilities. As stated by Halbert & Ingulli, the lack of employment policies to accommodate working parents can force individuals to choose between job security and parenting. The employee must make that determination for taking FMLA. For example, 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. Many employees may have negative feelings toward family members, yet, they still have the love for their family members, especially biological parents. Due to the parental distance that Tony has experienced, but adamantly is determined to care for his ill father, does not give Herman the right to deny him his last opportunity to have a father-son relationship.
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 has no cause for family leave eligibility. However, the percentage of salaried employees does take a major role in FMLA approval or denial of leave. According to exceptions and special rules under FMLA, employees within a firm’s top 10 percent of salaried employees within a 75-mile radius, for example can be denied restoration to the job in conclusion of a leave (Halbert & Ingulli, 2009). According to Herman, Tony was a great salesman and would be needed for the new car model that would be sold at Rally Motors. Herman has no cause for denying Tony family leave, besides his need for Tony to keep the quota of business upbeat. Nevertheless, Tony is only requesting 3 workweeks of leave, instead of his full 12 weeks he is legally entitled to for 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.

Herman can imply that if Tony takes a leave that he will be unemployed when he returns. According to Halbert and Ingulli, exceptions and special rules Herman has the right to deny restoration to the job after leave with certain exceptions:
1) if Herman can see that the business will not prosper based upon Tony’s absence
2) if Herman determined that such injury to Tony would occur; personal injury to the employee.
3) if Tony denied his return as an employee to Rally Motors due to the denial of leave.
Herman is ultimately denying Tony request to spend what could be the last time of his life with his ill father. Herman is only thinking of Rally Motors being prosperous and the materialistic things he has gained from his father. Tony is trying to rely on making things better with his father before death, rather than thrive on what he has not done or given to him in life. As an employer, Herman is not being realistic or rational. However, Tony is covered under the FMLA of 1993, because he will be off caring for a parent with health issues. Herman must guarantee him equivalent benefits, pay and employment conditions such as those prior to his leave.
Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993. An employee should offer 12 workweeks of leave for employees during any 12-month period for:
1) childbirth or to care for the newborn
2) for adoption placement
3) to care for a spouse, son, daughter, or parent of the employee, due to serious health issues
4) serious health conditions that affects the employee performance on the job.
Conditions under the act are in effect upon the leave time and guarantee the employee equal benefits, pay and work conditions as such those that were acquired before the leave. Herman must be more empathetic and place himself in the position of Tony wanting to care for his father, no matter the previous situations. As an employer of a large business, the personal factors would not be considered. However, Tony opened up to Herman with no intent of having the issue thrown in his face.
Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act. The employer is able to make his of her own determination on FMLA eligibility when it affects the business performance. As a result the employer can make provisional moves to accommodate the absence of the employee for the 12 workweek period. However, under FMLA, employees may take the time sparingly which may never affect his or her performance. As a result, the employer must take FMLA policies and procedures and apply them as need to the situation. However, before the employer makes certain determinations, the employee must notify the employee of certain decisions.

Reference
Halbert, T., & Ingulli, E. (2009). Law & ethics in the business environment: 2010 custom edition

(6th ed.). Mason, OH: South-Western Cengage Learning, 137.