Family and Leave Act

Act

Family Related Issues

Vashti Delaney-Brouwers

Strayer University

Law, Ethics, and Corporate Governance

January 30, 2011

Professor Theresa Dike

Abstract

This paper will examine the Family and Medical Leave Act of 1993, FMLA. All research was done on the Electronic Code for Federal Regulations on the United States Government Printing Office Access (GPO Access) website and Halbert and Ingulli’s class text “Law and Ethics In The Business Environment”. In addition, I will answer the following questions:

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.

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

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. 

4.      Describe who is covered by the Family and Medical Leave Act (FMLA) of 1993.

5.      Explain the extent to which an employer can make his or her own determination as to the eligibility of an employee under the Family and Medical Leave Act.

Family Related Issues

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.

The FMLA considers the possibility of an extended family, where the parent does not have to be the biological parent, but the person who assumes the responsibility of a caregiver to that child. The parent can be a step-parent, a grandparent, an uncle or aunt, the spouse of a same-sex union, or anyone who has taken the responsibility to nurture and care for the child. The FMLA’s definition of “parent” ” is defined broadly as a biological, adoptive, step, or foster parent, or an individual who stood in loco...