...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 leave or alter means...
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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...
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...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 of absence under the FMLA, he may not have a job when...
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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 the 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 FMLA does not specify whether or not the member of your family had to be active in the employee’s life as a child or not. What is clarified in the Family Medical Leave Act (FMLA) is that it must be for the care of an immediate family member (spouse, child or parent) who has a serious health condition (www.osrllg.com). In this case this is Tony’s biological father; the discrepancy was that he wasn’t a part of Tony’s life when he was growing up. Tony’s father is still considered his biological father whether he played a part in rearing Tony or not. If this was Tony’s stepfather or uncle it may still be considered immediate family, it’s up to the employer to decide on who’s considered immediate or not. An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA (www.fmlaonline.com). There have been cases where an employee has been approved for FMLA to take care of aunts, uncles and god parents and children if they have power of attorney or if they are considered a guardian. In order to get FMLA approved for someone that is not considered...
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...Assignment #2 – Family Related Law, Ethics, and Corporate Governance – LEG 500 May, 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. Under the Family and medical Leave Act (FMLA), a child can take care of their biological parent. This is even true even if that parent literally had nothing to do with the child growing up. 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 (www.dol.gov). 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees...
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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...
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...The Family and Medical Leave Act (FMLA) of 1993 were established to assist employees with balancing work and personal life. The law was designed to give employees the assurance of not losing his or her job in the event one needed to take leave of absence to care for a family member or his or her own personal illness. The following report provides information about a scenario that occurred at Fade In-Interior Auto Dealership. First, this report explains if it matters that a parent literally having 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. Second, this report will explain whether the size of the business can have any effect on whether an employee Tony who’s employed at Fade In-Interior Auto Dealership is eligible for family leave under the FMLA. Third, this report explains whether the owner 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. Fourthly, this report will describe who is covered by the Family and Medical Leave Act of 1993. Lastly, this report will explain the extent to which an employee can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act. Explain if mattes 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 ...
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...Assignment #2 – Family Related Issues Law and Ethic in the Business Environment 4/30/2011 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. It does not matter in the case if the parent is biological or not. A parent is a caregiver. Under the FLMA you are entitled to 12 weeks of unpaid, job protected leave. Because a biological parent did not provide formal care for the child, the child can still use Family leave to care for a seriously ill parent. In Tony’s case he can take time off to care for his father after his surgery. Tony can take the time needed to address his mental and physical needs of himself and his father without risk of losing his job. However just to request time off under the Family leave act to move a parent is not an acceptable leave request and can be denied. If the leave requested is to care for an ill parent then his request under the Family leave act cannot be denied. Under the Family leave act a parent is considered a person who has assumed the responsibilities of caring for a child. Under FLMA the term in loco parentis refers to a person who assumed the relationship with a child in which he or she has no legal or biological connection. So it does not matter whether or not that parent has anything to do with a biological child, they are still eligible to take advantage of the FLMA...
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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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...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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...Family Related Issues by Darryl Mitchell Professor Kenneth Pino Law, Ethics, and Corporate Governance – LEG 500 July 23, 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. Whether a parent had nothing to do with a biological child have nothing to do with the child being eligible for FMLA to care for that parent and it shouldn’t matter. Regardless of the relationship between a parent and child, the child would fall under the FMLA and would be able to care for the parent. Under FMLA, an employee can care for a parent if they have a serious health issue. Even though the video never stated what the issue is, since the father will be having surgery that would fall under a reasonable explanation for the employee to take the leave. A parent can be either a biological parent or someone who stood in place of a parent in raising a child. It never states anything about the type of relationship a parent needs to have with the child. Since he is actually the biological child he would fall under the FMLA and would be able to care for the parent. 2. 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 can have an effect on whether Tony is eligible for family leave under the FMLA but not in the way Herman describes...
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...2, Family Related Issues Instructor Theresa Dike Law, Ethics, and Corporate Governance – LEG500 May 1, 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 way that the Family and Medical Leave Act (FMLA) is written, it does not specify whether or not a biological parent participated in the upbringing of the child or not. The definition of a parent is broad for the purpose of FMLA use. A parent is defined as a biological parent, adoptive parent, step parent, foster parent or an individual who assumed duties as your parent. An individual that assumes duties as your parent is called “loco parentis”. If an employee is trying to take leave for his or her loco parentis they may be required to provide documentation of the relationship. In this case Tony has asked to take leave to move his father from the nursing home to his apartment. According to FMLA the parent must be qualified as having a “serious illness” In my opinion moving his parent of the nursing home isn’t a qualifying event according to FMLA standards. Regardless, the answer to the question is, no it doesn’t matter if the biological parent had anything to do with the biological child for the child to take advantage of FMLA. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. ...
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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. According to the (FMLA) the personal relationship of the child and biological parent is not a factor in being eligible for (FMLA). The Family and Medical Leave Act does not state that parent must have been involved in the lives of the children or the children be involved in the lives of the parent. The Family does not require the parent to physically or financially supportive of the child. A parent could been out of their child life for various reasons. The parent could have had financial difficulties, incarcerated, or unaware of the child. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The Family and Medical Leave Act state that an employer must have a staff of 50 or more employees that live within 75 miles of the business for an employee to eligible for the Family and Medical Leave Act. The total number of employees can be full-time, part-time, or temporary employees and also have been employed or on the payroll with the company for 20 or more weeks during the current year or the previous year. If the company meet or exceed those stipulations, that company is covered under the Family and Medical Leave Act for both years. In the video Tony stated that Rally Motors has over 50 employees...
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...The Family & Medical Leave Act Karen Gustafson Theresa Dike LEG 500 January 31, 2010 The Family & Medical Leave Act 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 doesn’t matter that the parent had nothing to do with his son. The Act states that it is either the biological parent or the person who acted as the parent when the employee was a child. So with that stated, this person can be totally unrelated and still qualify for the Family and Medical Leave Act. As long as it’s one of the two above, then the qualifications have been meet. 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 company does matter. The company must employ at least 50 people within the 75 mile radius of the employer to be covered by these regulations. On top of the 50 people requirement, at least 50 of the employees must have worked 20 or more weeks in the current year. There is an exception to this rule however. The Act states all public agencies such as schools are required to have The Family and Medical Leave act regardless of how many people they employ. If the company had less than 50 employees, then they would not be required to carry the Family and Medical leave act. In the script Tony does state that...
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...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. ...
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