Situation A
The Family and Medical Leave Act (FMLA), passed by Congress in 1993, guarantees eligible employees up to “12 work weeks of unpaid leave each year for childbirth, adoption, or medical emergencies for themselves or a family member” (Beatty & Samuelson, 2010). The employee and company must meet several conditions for the law to be applicable. FMLA has a broad spectrum and applies to public and privately held companies differently. In the case of public agencies, FMLA applies to all local, state or Federal government agencies regardless of the number of employees, as well as public or private elementary or secondary schools (U.S. Department of Labor, 2012). Privately held companies, however, must have a minimum of 50 employees for the law to apply to its daily operations (Beatty & Samuelson, 2010). The employees can be at one location, or multiple locations as long as they are within 75 miles of each other (U.S. Department of Labor, 2012).
FMLA dictates an eligible employee, who works for a covered employer, must have “worked for the employer at least 12 months” and have a minimum of “1,250 hours of service for the employer” in that 12 month period preceding when the leave was taken (U.S. Department of Labor, 2012). FMLA further provides for the eligible employee by requiring the employer to restore the employee to their original position and pay rate or to an equal position with “equivalent pay, benefits, and other terms and conditions of employment” (U.S. Department of Labor, 2012). Employers are also required to maintain health coverage for the employee while on FMLA “under the same terms and conditions as if the employee had not taken leave” (U.S. Department of Labor, 2012).
In reference to the evaluation of Situation A, we have to look at several factors to determine whether or not the Family and Medical Leave Act applies, and to what extent are the