Family and Medical Leave Act | Academic Papers Help
Family and Medical Leave Act
- 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.
According to the 2008 amendments to the FMLA and the clarification of definition son and daughter by the department of labor on June 2010; Under the act, to ensure that an employee who assumes the role of caring for a child receives parental rights to the family leave regardless of the legal or biological relationship (source FMLA 2008).
The act tries to explain the meaning of the family and its certain that a family comprise of legal and biological parents. A child is entitled to care for the parents who adopted them since the law accepts adoption as part of forming a family. On the other hand seriously ill old parent is not considered by the FMLA and that for Tonys case, his situation does not qualify to get a leave in any way. The act also allows parents who would like to parent children even though they are not of their own blood. The act states an employee who intends to share in the parenting of a child with his or her same sex partner will be able to exercise the right to FMLA leave to bond with that child (Source FMLA 1993).
- Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.
According to the FMLA, to qualify for the FMLA mandate, a worker must be employed by an employer with 50 or more employees or more within a 75-mile radius of his or her work site but the act did not specify the type of workers. therefore Herman business is eligible to the act. Herman in his argument seems to accept the situation when he told Tony If he decided to leave it means a loss to him. He knows that Tony have a legal support to go for a leave but he is using all kind of tricks to stop or scare Tony from leaving. If one of the employees has not worked for 1,250 hours for Herman, it means the business is not liable to Family and Medical Leave Act as stipulated by law.
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