Leg500

Assignment #2- Family Related Issues

Submitted by: Chivonne Casey

Strayer University

Instructor: Professor Elveeda Dixon

Course: Law, Ethics, and Corporate Governance: LEG5000012VA016

January 29, 2012

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 if the parent had nothing to do with a biological child in order for the child to take advantage of FMLA. According to the Family and Medical Leave Act the personal relationship of the child and biological parent is not a factor in eligibility. It does not state that the parent must have been involved in the lives of the children or vice versa. (Leppink, Nancy, 2010).

In Tony’s case his father is in a nursing home and preparing to have surgery. He felt as though he should be there to care and show support to his father. Tony’s supervisor feels as though he shouldn’t do so because his father has not been there since Tony was 2 years old. As his employer, the supervisor would have to make the determination whether or not he can take advantage of FMLA in accordance to their state law.

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

The size of the business can have an effect on whether Tony is eligible for family leave under FMLA. FMLA does not cover an employer with less than 50 employees. The employer must have 50 or more employees that live within 75 miles of the business for an employee to be eligible for the Family and Medical Leave Act. The total number of employees can be full-time, part-time, or

temporary employees and also have been employed or on payroll with the company for 20 weeks during the current year or the previous year.

In Tony’s case Herman didn’t want him to take a leave of absence for 3 weeks because he felt it would affect...