Family Related Issues

Family Related Issues

Law, Ethics, and Corporate Governance – LEG 500

April 24, 2011

Assignment #2 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 Medical Leave Act (FMLA) to care for that parent.

The Family Medical Leave Act of 1993 was established to assist employees with balancing work and personal life. The law was designed to give employees the assurance of not losing his or her job in the event one needed to take a leave of absence to care for a family member or his or her personal condition. Therefore, in accordance with the Family Medical Leave Act, the type of parenting relationship or lack of between a biological child and parent has no bearing on whether or not an employee is eligible to receive the benefits. The Family Medical Leave Act itself applies to all public and private agencies. For this reason, an employee may request FMLA for a family member or his or her own physical or mental health concerns. An employee under the Family Medical Leave Act is entitled up to 12 weeks of job protected, unpaid leave during any 12 month period. Employers might grant employees FMLA for the following:

* The birth and care for a new born child

* The placement with the employee of a son or daughter for adoption or foster care

* To care for an immediate family member such as a spouse, child, or parent, with a serious health situation. Note: A spouse is identified as a husband or wife as defined or recognized under the employee’s state law. A parent is either the biological parent or the person who acted as the parent when the employee was a child. A son or daughter is either biological, adopted, under foster care, a stepchild, a legal ward or any child that the employee is assuming parenting responsibility. Under the FMLA the child must be under the age of 18 or over age 18 if a mental or physical handicap is present....