Leg 500

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.

According to the Family and Medical Leave Act: “it is important for the development of children and the family unit that fathers and mothers be able to participate in early childrearing and the care of family members who have serious health conditions (Halbert pg. 137). By this principle it does not matter whether the parent had nothing to do with a biological child in order for the child to take advantage of FMLA. It only specifies that the parent has a serious illness or health condition. The law does not specify whether the biological parent that is being cared for needs to have played an active role in the employee’s life in order for that employee to receive FMLA benefits for taking time off to care for the parent in question.

2.      Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA.

Smaller employers are not required to allow FMLA to employees. Tony is indeed eligible for leave under the FMLA. The FMLA requires employers of 50 or more people that reside within 75 miles of the worksite to comply with its standards. In the video, Tony mentions that Herman employs over 50 people. There is no mention of where the employees live but the amount of employees fits the requirement.

3.      Explain whether Herman can or cannot imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns.

Herman can imply that if Tony takes a leave of absence under the FMLA, he may not have a job when he returns. Tony is a “key” employee because of the number of vehicle sales he has been making. With the new model class coming in, Herman expresses how much he needs Tony to be at work to help with sales. According to the FMLA, employees can be...