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Philip V Phillips Case

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John Daniel Phillips, aka Mr. Philips, has requested 12 weeks of leave under the Family and Medical Leave (FLMA)--29 U.S. Code § 2611 to care for his companion which is dying of AIDS. Because costs associated with continuing to provide the employee with benefits and hiring and training temporary replacements are high, CMC must make a decision as to whether Mr. Philips’s qualifies for FLMA and if he decision would cause undue hardship on the company.
Mr. Philips’s request for leave under 29 U.S. Code § 2611 meets some of the eligibility requirements, but not all of them. He has worked for the organization the past 12 months) and has also worked more than 1,250 hours during that time period. However, he is requesting the leave to take care of someone with a terminal illness that is not his legal spouse, child, or parent. …show more content…
Philips and his companion is not clear. What does the term “companion” mean in regard to relationship? The FMLA permits employees to take leave to care for the employee’s spouse, son or daughter, or parent who has a serious health condition. If Mr. Philips and his companion were legally married in a state that has approved same-sex marriages, then his dying companion would be recognized under federal law as his spouse and there would be no question that he is entitled to 12 weeks of leave. However, this information is not available. It is also assumed that Mr. Phillips will be able to return to work within 12 weeks, but what happens if his companion is still alive at the end of 12 weeks and still needs

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