...Rocky v. Columbia Lawnwood Regional Medical Center, 54 F. Supp. 2d 1159 (S.D. Fla. 1999). Facts: Plaintiff, a hospital employee with a disabled son, was fired for excessive tardiness, absenteeism, and other performance-related reasons. The employee alleged her absence from work was to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the FMLA. 2. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due to discrimination on account of the family member's disability, in violation of the associational disability provisions of the ADA. Holding: 1. The employee was not terminated because she had a disabled family member, but rather because she was unable to regularly and reliably attend work. 2. Employers are not required to make reasonable accommodations for the family member of a disabled person under the ADA . Thus, the individual claiming protection of the ADA must be able to perform the essential...
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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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...of her office and fired. The employee sues under the FMLA, claiming that she was fired instead of being granted needed medical leave. The district court granted the employer summary judgment, finding, that Stevenson never gave the employer notice that leave might be required. Stevenson v. Hyre Electric Company - FMLA This is a very confusing case, but it is very clear to me that the Plaintiff was in error of an amiable decision on this case. The fact of not providing the correct notice of FMLA in the allotted time was definitely the key in this case, had Stevenson provided the required documents, she would have won the judgment and there would have been no room for question. There is room for some doubt regarding this decision, however; it still goes back to the fact that she did not follow the proper protocol as required by the Defendant. Stray Animal Causes Disturbance In Workplace The Plaintiff was going through her usual duties when a dog got into the office through an open window. The presence of the animal in the workplace caused the Plaintiff to start to act in an unusual manner (jumping around, shouting, etc.) she got a headache, felt blood rushing to her head, and her neck tightening up, as a result of this incident the Plaintiff stated that she did not feel well and had to leave for the day. She called in sick the next day as well. In the next few weeks that came, she got into a screaming match...
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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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...Family Related Issues 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. Families in America today look different than they did in the past. The families of today have changed complexion, changed composition, and changed expectations, but not matter what the change is within a family, its function in our society remains the same. The function of a family is to provide for and nurture the development of future generations. The Family and Medical Leave Act (FMLA) also allows eligible employees to take up to 12 weeks of job-protected leave to care for a spouse, child, or parent with a serious health condition. According to the FMLA statute, a “parent” is any person who is the biological parent of the employee or who stands, or stood, in loco parentis (in place of the parent) to the employee when the employee was a child. A person is considered “in loco parentis” if he has day-to-day responsibilities to care for and financially support a child, or in the case of an employee, who had this type of responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Parents-in-law, however, are not included within the meaning of “parent.” (Michelle’s Law (Public Law 110-381), 2009) Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under...
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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, an employee...
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...and corporate culture. These barriers do not operate independently, but rather work hand-in-hand in preventing organizations from achieving a family-supportive environment. One barrier that prevents organizations from implementing family-supportive policies concerns prevailing assumptions regarding gender roles and their relation to work and to family (Thompson, Thomas, & Maier, 1992). Thompson et al. refer to this as the "masculine ethic" in organizations. Workplaces and their reward systems are still generally built around the male model of work. Guidelines for achieving success in organizations (e.g., assertiveness, competition, heroic action) are closely associated with conventional images of masculinity (Rapoport, Bailyn, Fletcher, & Pruitt 2002). The "ideal worker" is one who works full time and overtime and takes little or no time off from work for childbearing or child rearing (Williams, 2000). The persistent view regarding the career patterns of men and women is that women are more committed to family than to work, and that men are more committed to work than to family (Cook, 1994). Consequently, family supportive policies continue to be seen as policies primarily designed to "help" women (Lewis, 2001). Another barrier mentioned by Thompson et al. (1992) is the lack of leadership on national policy regarding work and family issues. Although the lack of national policy might more accurately be considered a societal barrier rather than an organizational barrier per...
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...take into consideration the regulations of the Family and Medical Leave Act. The FMLA regulations protect employees by allowing for 12 weeks of unpaid leave during a 12 month work period. The employee is further protected by being allowed to return to their former position, with the same pay rate and benefits they had before taking leave. However, there are restrictions such as company size and how long the employee has worked for the company. For starters, our company has more than 50 employees and therefore, we are required to provide FMLA leave. Furthermore, Employee A has worked for the company for two years and the FMLA stipulates that an employee must be employed for at least 12 months. The facts of the case are that Employee A requested leave for the birth of his twins which was granted to him by the previous manager of his department. Our current department manager has allowed for Employee A to return to work and is continuing his pay at the rate prior to his leave. The cause for concern lies in the denial of recuperation of Employee A’s withheld salary during the 11 weeks he was on leave. When choosing to deny Employee A’s request to be paid the amount of the withheld salary, our current department manager is acting well within FMLA regulations. However, according to the Code of Federal Regulations, “FMLA permits an eligible employee to choose to substitute accrued paid leave for FMLA leave” (Substitution of Paid Leave, 2010). It would be in our best interests...
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...child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent? It does not matter if the Tony’s father was in his life or not. He is still Tony’s biological father and he has every right to take care of him. According to the FMLA act 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. (DOL, 2010) Question 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 a company does matter when it comes to the Family and Medical Leave Act. Small independent owned companies or businesses with less than 50 employees do not qualify for the FMLA act. This law applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees (that’s how many employees BG Motors employs). Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months. An employee must follow certain procedures in order to take FMLA leave. If the employee knows in...
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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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...Running Header: Video Assignment Family Related Issues Strayer University Professor Whitney Davis, Esq. LEG 500 29 January 2012 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 the parent was in the employee's life as long as it is the employee's parent then they are able to use FMLA. 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 or 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 and unpaid leave during any 12 month period to eligible covered employees and employers must grant eligible employees this right. Explain whether the size of the business can have any effect on whether Tony is eligible for Family Leave under the FMLA. Yes, but not in the way Herman describes. Herman is trying to use business necessity as a reason to keep Tony from taking a family leave to help his ill father. The Family and Medical Leave Act (FMLA) applies to a company if there are over 50 employees within 75 miles of the worksite, and at least 50 of the employees’ work...
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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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...high-priority for fall negotiations, it will not happen overnight, organizational culture, changes very slowly. (Schauber, A.C., 2001). How much absenteeism is really under the employee’s control? Unfortunately, there are times when an illness or accident occurs and that is not within the employees control. There could be an on the job accident, and that would fall under worker’s compensation. Workers' compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. (Cornell University Law School, 2011) If an employee has a serious illness or a family member has a serious illness that causes chronic absenteeism that would fall under the category of FMLA. The Family Medical Leave Act of 1993 (FMLA), there are 12 weeks of unpaid leave Where an employee can use...
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...Company X may have violated certain federal acts. My analyses of the three situations are as follows: Situation A An employee with two years of service requested leave to be with his spouse as she was giving birth prematurely to twins. The requested leave was granted by a former manager under the FMLA guidelines. The employee has been on leave for eleven weeks and would like to come back to work. The employee is also requesting back pay for the eleven weeks that he has been gone. The new department manager has agreed to let the employee return to his previous position. However, the manager has denied the back pay for eleven weeks while the employee was on FMLA Leave. Under The Family and Medical Leave Act of 1993, there are three provisions that apply to the above situation. FMLA leave is job-protected leave. After returning from FMLA leave, an employee generally has the right to return to the same, or an equivalent, job with the same pay, benefits, and working conditions. FMLA leave is generally unpaid leave. However, an employee may substitute accrued paid leave (e.g., vacation or personal leave) for FMLA leave. Also, an employer may require an employee to substitute accrued paid leave for unpaid leave. An employee’s ability to substitute paid leave is determined by the terms and conditions of the employer’s normal leave policies. When paid leave is substituted for unpaid FMLA leave, the employee receives pay while on leave and receives the job protections of the...
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...Situation A Facts of Situation A as it pertains to the Family and Medical Leave Act of 1993 (FMLA). • • • • Employee A has been employed for over 1 year Employee A was on extended leave due to the birth of a child Company X has more than 50 employees New Manager agrees to return Employee A to previous job and pay, denying pay for time off The FMLA states that an employee can be on extended leave up to 12 weeks without pay as long as certain provisions are met. In reviewing the facts of this situation, there are additional questions that must be answered in order to definitely determine if a violation of FMLA exists. As the previous manager has left the company, records will need to be reviewed to insure that the employee was given the proper notice concerning his rights under FMLA as required by law. Are the rules for FMLA posted in the office where Employee A worked? Did the former manager properly notify Employee A that the leave was going to be designated as FMLA leave within the required five business days? If these provisions were met and can be documented, then the leave can be classified as FMLA leave and no violation exists. Situation B Facts of Situation B as it pertains to the Age Discrimination in Employment Act of 1967 (ADEA). • Employee B is over 40 years of age. • • • Employee B has been with the company for 42 years. Employee B received an “above average” rating on their last performance review A younger employee, who received an “adequate” rating, was given...
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