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 According Halbert and Ingulli, (2010) and the US Department of Labor, an employee can take leave if such spouse, son, daughter, and biological or adopted parent has a serious health condition. The FMLA recognizes the emotional need of family members to have love ones present when they are experiencing terminal illness or undergoing surgery. Employees that work for an employer covered under the FMLA and have worked for the company for at least 12 months, and the company has 50 or more employees within a 75 mile radius of the jobsite, the leave can be taken. In the video, Tony expressed concern that his eighty year old father that he never knew wants to leave the nursing home. His father is having an operation and he wants to care for him. The Act does not state that there has to be a specific type of relationship between a child and their parent. Neither does it require the parent to be supportive in any way of their child in order for the child to care for the parent (Halbert & Ingulli, 2010). Tony reason for wanting use FMLA would fall under a reasonable explanation for him to take leave to care for his biological father since he’s unable to for himself.
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 a business could have an effect on whether Tony is able to take leave or not. The FMLA states that an employer must have 50 or more employees during at least 20 calendar weeks in the year or prior year and live within a 75 miles radius in order to be eligible (dol.gov, 2010). If a company has less than 50 employees, there’s a possibility the employee may not take 12 weeks without losing their job. Public agencies and local education agencies such as private or public schools do not need to have 50 employees employed to be eligible for the FMLA (dol.gov, 2010). It does state whether the employees had to be full-time, part-time or temporary employees. Tony mentions in the video that Fade In-Interior Auto Dealership has over fifty employees. Therefore, the size of the dealership would not affect him because the company falls within the criteria set forth by Family and Medical Leave Act.

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
The importance of the Family and Medical Leave Act is to ensure all workers who are eligible employees’ are able to take extended leave of absence from work to handle their own or an immediate family member’s serious health condition. In Halbert & Ingulli (2010), the law guarantees that an employee who returns from leave can go back to his or her position with equivalent benefits, pay, and employment conditions, without losing any benefits that had accrued prior to the leave and without gaining any seniority while they were on leave. The exception to the rule is; if Tony is considered a key employee, top 10 percent at Fade In-Interior Dealership workforce and will cause substantial and grievous economic injury to the dealership, Herman may deny Tony reinstatement to his job when he returns from leave (Halbert & Ingulli, 2010). If Tony is considered a key employee, top 10 percent at Fade In-Interior Dealership workforce and will cause substantial and grievous economic injury to the dealership, Herman may deny Tony reinstatement to his job when he returns from leave (Halbert & Ingulli, 2010). If
Tony is not considered a key employee then he is protected from any discipline or discrimination. If Herman decides to fire Tony on the basis of taking FMLA, The Department of
Labor can file suit against Rally Motors on Tony’s behalf.
Describe who is covered by the Family Medical Leave Act (FMLA) of 1993.
According to US Department of Labor FMLA applies to all public agencies, including state, local and federal employers, local education agencies and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce.
For employee to be covered under The Family and Medical Leave Act individuals must meet the following guidelines:
• Be employed by a employer who is covered under FMLA guideless, and work within 75 miles of which that employer employs at least 50 people;
• Have worked at least 12 months for the employer; and
• Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins
Halbert and Ingulli (2010), states that covered employers must grant eligible employees FLMA for the following reasons: for the birth and care of a newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member such as spouse, child or parent with a serious health conditions; or take medical leave when the employee is unable to work because of a serious health condition. Serious health condition mean an illness, injury, impairment, or physical or mental condition such as any period of incapacity or treatment connected with inpatient care; in a hospital, hospice, or residential medical-care facility; continuing treatment by a health care provider which includes period of incapacity.
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 Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave. The employer can go as far as asking the employee to submit a medical certification supporting the need for leave due to a serious health condition affecting the employee or immediate family member. Have the employee get a second opinion at the expense of the employer if the employee is requesting leave for self and request periodic report during leave regarding the status and intent to return to work. If intermittent leave is requested for an immediate family member or employee’s own illness, the employer can make the employee try to schedule the treatment so as not to disrupt the operation of the employer.
The employer is responsible to verify employee eligibility according to the guidelines provided in the FMLA. FMLA law states “that it is the employer’s responsibility to provide the necessary paperwork to its employees if they express the need for leave” (dol.gov, 2010). According to the Department of Labor posters are require to be displayed by employers in an area where employee can see it and text must be large enough to be easily read. The poster will summarize the guidelines for FMLA and how employees should file a complaint. Covered employers must inform employees of their right and responsibilities under FMLA and give written information on what is required of the employee and what might happen in certain circumstances if the employee does not return for work after FMLA leave.