...Contemporary Issues for Children and Families “Both the status of children and the role of the family have undergone significant changes over the course of this century”. From Contemporary Issues in the Early Years, Gillian Pugh (ed.) page 71 The concept of childhood and how it’s changed over the past 30 years Back in the Middle Ages, children were seen simply as miniature adults. According to Philippe Aries (1962), children used to wear the same sort of clothes as their parents; they shared adults work and leisure. Children were not assumed to have needs different from adults, nor were they shielded from many aspects of adult life. Many children died soon after birth and it was seen as God’s will and a blessing. The status of the child and the concept of childhood have changed significantly from these times. Melvyn Bragg in 1999 noticed that the meaning and the story of childhood have been changed monumentally. Children join the workforce later, they are born into smaller families, they tend to spend their parents’ money rather than contributing to family coffers and they are handed over to the school for what used to be called the best years of their lives. 30 years ago, something very important took place for children around the world: the UN Declaration of the Rights of the Child in 1989. The UN Convention on the Rights of the Child, ratified by the UK government in 1991, states that a child “means every human being below the age of eighteen years unless, under the...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES LEGAL 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. 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. Application of the FMLA can also be impacted by the Uniformed Services Employment and Reemployment Rights Act (USERRA), Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the Americans with Disabilities Act of 1990 (ADA), or the Health Insurance Portability and Accountability Act (HIPAA). 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. Family and Medical Leave Act (FMLA) do not place stipulations on granting leave for a parent based...
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...Family Related Issues LEG500 October 28, 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 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. With this being the law of who is covered and who the employee may take FMLA Leave to care for shows that yes Tony may take leave for up to twelve weeks to care for his father. The law does not state that parent had to have sole custody or that they had to have a significant role in their child’s upbringing and life. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The federal FMLA only covers a specific set of employers. Public agencies, including state...
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...Family Related Issues Legal 500 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 to care for the parent. The guidelines for the family medical leave act do not detail nor require parental involvement. Therefore one should not infer an absent parent would not qualify because whether or not the parent had an impact on raising the child is not included in the qualification. Although it is not outlined that a parent must have a certain level of involvement in the child’s life there have been cases where employees have been awarded accommodation per FMLA for grandparents or other family members depending on the level of commitment in the raising of the child. For example grandparents and aunts that assumed the responsibility of primary caregiver have been awarded the approval. “The leave requirement is ‘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, & Ingulli. 2010)”. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. Size of the business does have an impact on employee eligibility under the FMLA companies with less than 50 employees are not subject to the job protection under the Family Medical Leave act. Although this may not be fair to the employees...
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...ASSIGNMENT #2 – FAMILY RELATED ISSUES ALICE F. EDDINGTON PROFESSOR RHONDA J. WILLIAMS EVANS LAW, ETHICS, AND GOVERANCE LEG 500 JANUARY 26, 2012 Family and Medical Leave Act (FMLA) What is the Family and Medical Leave Act (FMLA)? It is an act that was passed in 1993; it is a national policy that grants workers up to twelve weeks of unpaid leave in four situations. The four are: pregnancy, caring for an infant, this includes new borns, adoptions, and foster children that have been placed in your home, caring for a seriously ill relative, or to allow the employee to recover from a serious injury or surgery. (Halbert, 2010) 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 the parent. According to the FMLA, a parent is the biological parent of an employee or any person 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). Tony’s father was never in his life, but now that his father is sick, he is willing to take care of him. Herman has no right to tell him that he can’t take care of him because he was never there. When he thought he was putting him in a nursing home, he was all for letting him take time off for that. But when he asked for leave to check...
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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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...Assignment #2 – Family Related Issues Dr. Rodgers Law and Ethics – LEG 500 July 29th, 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. Family dynamics plays an important on various roles in our day to day lives as well as our careers. Every family has their own ways of deciding who has the power and authority within the family unit, and which rights, privileges, obligations, and roles are assigned to each family member. However not all families are structured in this matter. In this case study, an employee Tony who is employed at an Auto car dealership informed his boss that his father is ill and needed surgery. Tony stated to his boss Herman that he would like to take a leave of absent to care for his terminal father; Tony also disclosed to his boss the non existing father/son relationship to Herman who told Tony that he could lose his job if he decided to take a leave of absent. The family and medical leave act established to help employees keep their benefits and jobs attending to family and serious medical issues. The Family and Medical Leave Act (1993) states that, a parent is either the biological parent or the person who acted as the parent when the employee was a child. A son or daughter is either biological, adopted, under foster care, a stepchild, a legal ward, or any child that the employee is assuming parenting...
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...Family Related Issues Derrick Dingle Professor Myers-Nelson Law and Ethics in the Business Environment 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 type of relationship or lack thereof between a child and their biological parent has no bearing on whether an employee is eligible for FMLA. An employee can ask to use FMLA to care for a family member (whether they had nothing to do with them), for their own physical/mental health care and after the birth or adoption of a child. 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 and employers must grant eligible employee this right for one or more of the following reasons, the birth and care of a newborn child, placement with the employee of a son or daughter for adoption or foster care, care for a spouse, son, daughter or parent with a serious health condition, medical leave when an employee is unable to work due to a serious health condition, qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. A spouse means a husband or wife as defined or...
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...FAMILY RELATED ISSUES: FAMILY MEDICAL LEAVE ACT Family Related Issues: Family Medical Leave Act The Family and Medical Leave Act was passed by congress and signed by President Clinton in 1993. The Act was established because there was no low that dismissed ill or injured workers who missed too many days at work without termination. Based on the information found on the United States Department of Labor website, the FMLA provides an entitlement of up to 12 weeks of job-related unpaid leave during any 12 month eligibility period. The FMLA covers employees, for 1) birth and care of the eligible employees child or placement of a child in foster or adoptive care 2) care of an immediate family member (spouse, child, parent etc.) who has a serious health condition or 3) to care for an employee’s own serious health condition (Solis, Updated 2010). I. 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. Code § 825.122 (b) Parent. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined in paragraph (c) of this section. This term does not include parents “in law. Based on the description of a parent in the above code, Mr. Sulka had every right to take family leave to care for his elderly father when he comes...
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...Abstract The Family and Medical Leave Act is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor. The FMLA allows an employee to take up to 12 weeks of job- protected leave within a 12 month period for the following reasons: (a) birth of a new baby or placement of an adopted or foster child; (b) care of an immediate family member with a serious health condition. Immediate family members are to include spouse, parent, and children; (c) care of the employee’s own serious health condition. Are dead beat parents entitled to these privileges? The Family and Medical Leave Act of 1993 was signed into law by President Bill Clinton on February 5, 1993. The federal law became effective August 5, 1993 and revised with an effective date of January 16, 2009. The FMLA was once again amended by the National Defense Authorization Act (NDAA) for fiscal year 2010 (www.dop.nv.gov). The amendment by the NDAA expanded FMLA coverage to those eligible employees with family members enlisted in the Regular Armed Forces and coverage for “military caregiver leave” to eligible personnel who are immediately related to certain veterans with a serious injury or illness (www.wagehour.dol.gov). Explain if it matter 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. Per the Family and Medical Leave Act...
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...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 immediate family, it would have to be indicated that, that person played a role...
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...The Lopez family has several external issues affecting the relationship with each other. These issues include race, gender, and socioeconomic status. The issue of race plays a role in relationships it may impact individual thought process. Race is connected to our ethnic minority which plays a role in how we view ourselves and others the world around us. While both Rita and Raul are both Latinos, one was born in Puerto Rico while the other was born in New York City. This leads us to assume that how and where they grew up impacted their vastly different views on race, tradition, and culture. Rita, on one hand, was deeply connected to her Puerto Rican roots. This she expresses in her sculptures, painting, and art. In fact, she is well recognized...
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...Case #1: Ethical Issues & Family Practice Patient confidentiality is an integral part of HIPAA, which insures that patient information is not disclosed improperly and their autonomy is kept. However, complications arise in the special case of minors where in most cases, parents are the personal representatives for their children. Since young children may not make sound judgment and parents provide for them financially, many agree parents should be able to make medical decisions and have disclosure of their child’s medical records. However, there is a gray area that is illustrated in the case concerning the 14-year-old patient requesting oral contraceptives. Over recent years, it has been recognized by many state governments and the U.S. Supreme Court that many minors will forgo important sexual and reproductive healthcare services while still being sexual active if parental involvement is mandatory (An Overview of Minors’ Consent Law, 2014). The main argument revolves around whether minors can provide informed consent. There are individuals who argue that competency and maturity are not automatically bestowed at the age of 18, therefore to withhold privacy rights for minors would be wrong (Minors’ Access to Contraceptive Services, 2014). In the court case Carey v. Population Services International, the U.S. Supreme Court ruled that the "right to privacy in connection with decisions affecting procreation extends to minors as well as adults (Carey v. Population Servs...
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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 Kimberly C. McIver April 27, 2011 Parren K. Shannon, JD LEG500 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 anything to do with the child or not is not relevant. The qualifications to participate in Family and Medical Leave Act of 1993 are as follows the FMLA does not apply to all employees, or to all employers. The FMLA only covers employers with 50 or more workers, who have employed 50 or more workers for at least the past 20 weeks. It also applies to public agencies, regardless of the number of employees, and to elementary and secondary schools, both public and private. The FMLA only applies to employees who have worked for a covered employer for a minimum of 12 months, although these 12 months do not need to be consecutive. Additionally, the employee must have worked at least 1,250 hours for the employer during the previous 12 months, at a site where the employer has 50 or more employees within a 75-mile radius (McLaren, 2011). Once the neglected child decides to take on the responsibility of caring for the parent the employer is obligated to observe the Family and Medical Leave Act of 1993. Although employers are required to observe the law the employer can not be bias concerning the employee’s situation. The law is not base on whether...
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