Flma

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Assignment #2 – Family Related Issues |

Angela Richard |

Professor Benjamin ShushanLaw and Ethic in the Business Environment |

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4/30/2011 |

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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. 

It does not matter in the case if the parent is biological or not. A parent is a caregiver. Under the FLMA you are entitled to 12 weeks of unpaid, job protected leave. Because a biological parent did not provide formal care for the child, the child can still use Family leave to care for a seriously ill parent. In Tony’s case he can take time off to care for his father after his surgery. Tony can take the time needed to address his mental and physical needs of himself and his father without risk of losing his job. However just to request time off under the Family leave act to move a parent is not an acceptable leave request and can be denied. If the leave requested is to care for an ill parent then his request under the Family leave act cannot be denied.

Under the Family leave act a parent is considered a person who has assumed the responsibilities of caring for a child. Under FLMA the term in loco parentis refers to a person who assumed the relationship with a child in which he or she has no legal or biological connection. So it does not matter whether or not that parent has anything to do with a biological child, they are still eligible to take advantage of the FLMA. Even if Tony’s father had nothing to do with him as a child, Tony can still take leave under this act to care for his seriously ill father. In order for Tony to use his requested leave he will have to provide necessary documentation signed by the health care provider. There are form that Tony will need to sign and return to Herman.

2. Explain whether the size of the business can have any effect on whether Tony is eligible...