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 immediate family, it would have to be indicated that, that person played a role in rearing the employee. Extensive documentation would have to be provided explaining in depth why that person needs the employee to take care of them and that no one else is capable of taking care of the family member at that time. This case applies to applying for FMLA in general. All supporting documentation must show proof that the employee needs to take medical leave because they are incapable of taking care of themselves or the individual while doing normal work functions.
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. According to fmlaonline.com “If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave”. As Tony stated, Herman has more than 50 employees, therefore this should not impact whether or not he can take a family leave. This regulation was enacted to accommodate employers. This was due to small companies finding difficulty sending replacements far away if a needed employee were to take leave. FMLA was set in place to provide means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. This Act is intended to promote the stability and economic security of families as well as the nation's interest in preserving the integrity of families (http://www.osrllg.com). FMLA also looks out for the employee by having certain restrictions such as this in place.
3) 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 cannot imply that if Tony takes a leave of absence under the FMLA he may not have a job when he returns. FMLA is a federal law requires that covered employers provide employees job-protected unpaid leave for qualified medical and family reasons (www.dov.gov). If Tony is approved for FMLA his job will be protected under this act. In the event that Herman tries to terminate Tony when he returns he could face a lawsuit. The only way that Herman can fire Tony for taking FMLA is if Tony does not submit the proper documentation supporting his reason for taking a leave of absence. Leaves that are covered under FMLA are personal or family illness, military service, family military leave, pregnancy, adoption, or the foster care placement of a child (www.fmlaonline.com). Tony is taking leave for a family illness; as long as he follows the proper protocol he job will be protected . The FMLA act has guidelines in place that should be followed for employees when they take leave. When Tony returns from leave, FMLA guidelines require that once he has returned from leave, he is to continue the same functions in his former position. In the event that he is no longer able to perform his previous job, an alternative position with the same benefits, salary, and work hours must be provided to him. This also applies if his position is eliminated. Employers are not allowed to interfere with, restrain, or deny any right provided under this law. Employers cannot use taking FMLA leave as a negative factor in employment decisions, such as hiring, promotions, or disciplinary actions. Also, FMLA leave cannot be counted under "no fault" attendance policies (www.cancer.org).
Employees are required to fill out the necessary documents to get their request approved. Just because Tony wants to take FMLA to take care of his father’s needs does not mean that his request will be approved. FMLA law states that it is the employer’s responsibility to provide the necessary FMLA paperwork to its employees if they express the need for leave. FMLA guidelines outline the forms legally needed to take FMLA leave, and most employers add their own additional paperwork or notification policies for their protection (www.fmlaonline.com). As long as Tony has been with the company for 12 months, worked 1250 hours and his request is approved his job will be protected.
4) Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993.
FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year (http://www.osrllg.com).
The law covers all public agencies (state and local governments) and local education agencies (schools, whether public or private). These employers do not need to meet the "50 employee" test. Title II of FMLA covers most federal employees, who are subject to regulations issued by the Office of Personnel Management (http://www.osrllg.com). Therefore any of the above listed are covered under the Family Medical Leave Act of 1993.
5) 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 extent as 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 is if the employee has not worked at the company for 12 months or worked 1250 hours and if the family member is not considered immediate under the Family Medical Leave Act. If your request is approved under these stipulations your employer can approve it with or without pay. If you are an eligible employee who has met FMLA's notice and certification requirements (written information from your doctor), and you have not already used up your FMLA leave for the 12-month period, you may not be denied FMLA leave (www.cancer.org).

Reference: www.fmlaonline.com www.dol.gov/dol/topic/benefits-leave/fmla.htm en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993 www.osrllg.com/additional_fmla.php www.nalc.org/depart/cau/fmla.html www.cancer.org/Treatment/FindingandPayingforTreatment/UnderstandingFinancialandLegalMatters/family-and-medical-leave-act