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Family Related Issues - Assignment Example

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583789 Family Related Issues 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.  Nowhere in the Family and Medical Leave Act (1993) does it designate how frequently a parent must have spent time with a child while s/he was growing up for the employee to take family leave under this law to care for the parent…
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Download file to see previous pages Department of Labor, 2010). Logically, if a loco parentis is a suitably related person to the employee to qualify for care under the FMLA, then a biological father, regardless of the quality or quantity of his parenting, qualifies. Legally, the law designates “biological” parent, but that brings up an interesting dilemma: what about a biological parent who gave up his/her child for adoption? In recent years, many adopted children have found their biological parents, or vice versa. Does the parent who relinquished his/her rights as the child’s parent qualify as a parent under the FMLA? Taking the law literally, s/he does because s/he is the biological parent. However, a judge may not interpret the spirit of the law in that way. The caveat for such tenuous relationships between employee and parent is the fact that the employee must document his/her relationship with the parent before taking family leave. In the same paragraph of the FMLA that defines the relationships eligible for family leave, section j, titled “Documenting relationships,” it says, “For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc.” (U.S. Department of Labor, 2010). It seems as if the employer could demand some sort of unrealistic documentation of the eligibility of parent or employee to qualify for the family leave especially if time was an issue (i.e., the parent was dying), so if an employer wanted to prevent an employee from taking family leave, s/he could be in compliance with the law, but just unreasonable about the proof of the right to do so. That would probably discourage most employees from attempting to take family leave. 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 business does matter. In the video, “Family Related Issues: Family and Medical Leave Act,” in response to Tony, the employee’s verbal request for leave, Herman, the boss, replies, “That's out of the question. This is a small business. Everyone is crucial.” Tony answers, “Small? You've got more than fifty employees, if you count everyone.” Herman counters with “Not full-time employees.” In Herman’s mind allowing Tony three weeks for family leave would cause him to lose money. He has just praised Tony for being the top salesman (Family and Medical Leave Act, 2004). However, Herman is wrong. Not all employers are required by federal law to allow family leave, but those with 50 or more employees are. Paragraph 825.105 of the FMLA gives a lengthy description of how an employer, by virtue of the number of employees s/he employs, must comply with the federal law. Some of the more obvious characteristics that make an employer obliged to comply is the location of his/her business. That is, it must be within the United States or ...Download file to see next pagesRead More
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