Essay Preview: Law
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Situation No. 1
Franklin Coffee, a supervisor in Telecom Support, has an 80-year-old mother who recently suffered a series of strokes. She will be discharged from the hospital in three days and must immediately be placed into a long-term care facility. Franklin is an only child and there is no one else who can assist in making all of the arrangements needed for his mother. He has requested time off for 3-4 weeks while he makes arrangements for the placement, puts his mothers financial affairs in order, and gets her house in shape for sale by a realtor. What are the companys legal obligations?
The Family and Medical Leave Act (FMLA) of 1993 define Spendbig Credit Services legal obligations. The FMLA covers employers with 50 or more employees within a 75-mile radius of each other. Under the FMLA, an employee may request time off for:
The birth, adoption, or foster care placement of a child
The employees own serious illness
The serious illness of a parent, child, or spouse
FMLA is eligible for employees who have worked at least 12 months for SPENDBIG, and he/she has worked at least 1,250 hours in the 12 months before the leave starts. However, SPENDBIG is not required to provide an FMLA leave to certain key employees (Deblieux, 1998). A key employee is a salaried employee who is among the top 10 percent of the highest-paid employees within a 75-mile radius.
An FMLA leave can be used for up to 12 weeks in a 12-month period. FMLA does not require that the 12 weeks have to be consecutive. For example, if an employee requires periodic treatment or examinations, the time required for these visit may be used towards an FMLA leave.
Spendbig is responsible for notifying an employee of his or her right to take an FMLA leave. Spendbig may ask for sufficient information, including a physicians confirmation, to determine the qualification under the FMLA. However, the employees medical condition is considered