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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.
No it does not matter if parent literally had nothing to do with a biological child in order for the child to take advantage of the Family Leave Act. I have read and re-read the criteria to be able to use this benefit. It clearly states: 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. In doing my research I did find a clause or question that even questions the validity of it and found that it can depend on the state you are in. For example: retrieved from the New Jersey Family Leave Act, (http://www.state.nj.us/treasury/pensions/epbam/additional/fmla-qa.htm).
Who is considered an immediate "family member" for purposes of taking NJFLA and FMLA leave?
An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law" under the FMLA, but under the NJFLA, a parent-in-law is included under the category of "immediate family member" (see below). The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act (ADA). The NJFLA definition is substantially the same.
Under the FMLA, "parent" means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter. For further clarification, please visit http://www.dol.gov/elaws/esa/fmla/fl.asp
Under the NJFLA, "parent" means a person who is the biological parent, adoptive parent, resource family parent, step-parent, parent-in-law or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child. For further clarification, please visit http://www.njcivilrights.com/library.html#attorney
This question asked seemed simple but it actual has level and it does seem to open the doors. Years ago I had a son had a very early age and I gave him up for adoption. He has two wonderful parents that gave him a great life. He is almost 21 now and I have been in his life for the last 3 years. I am his biological parent, but the person who raised him is his mother. So if I fell sick and his mother fell sick, could he use the benefit for both of us? I also wonder if I could use FMLA to for him, seeing that he is my biological child?

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

Yes the size of the business can effect whether Tony is eligible for family leave under FMLA. Retrieved from FMlaOnline.com,(http://fmlaonline.com/).

Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers -- small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.

Tony’s superivisor Herman stated that he could not take the time because they were a small company. However, Tony was able to point out that if they include everyone it’s more than 50 people employed there. FMLA does not mention whether the 50 employees have to be full time or not, so in this scenario Tony should be well within his rights to use FMLA. Herman is being selfish because Tony is top seller.

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.

Yes, Herman can but it’s against the law to do so. However, Herman as an employer does have certain rights as well. There are questions that he can ask under the FMLA guidelines. The employer has the right to ask the employee to provide a medical certification from a health care provider that substantiates the need to use FMLA. FMLA can be delayed until the certification has been received. In addition, the employer can ask for the employee to provide a fitness-for-duty certification prior to returning to work. The employer is also allowed to periodically ask the employee on leave to report their status and intentions to return to work. If an employee informs the employer that they do not intend to return to work, the employer may terminate the employment relationship and thus end the employee's FMLA. If an employee fraudulently obtains FMLA, he or she is not longer protected by FMLA in terms of job restoration and benefit maintenance.

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