Family Related Issues
Tony Sulka is scorn between the decision of choosing either his family or employment. Tony Sulka, a salesman at Rally Motors Dealership, is having some personal issues with his family. His father, who hasn’t really been a part of his life, is sick and needs Tony to care for him. Tony discusses this matter wit Herman, his boss. Tony confided in Herman and discussed his personal issues about his father. Herman seemed to be very supportive of the fact that Tony wants to take care of his father, which is until Tony states that he would need three weeks off to get his father situated in his house. Herman is now against this because of the amount ...view middle of the document...
According to Halbert and Ingulli, an employee can take leave if such spouse, son, daughter, or parent has a serious health condition. The Family and Medical Leave Act does not state that there has to be a specific type of relationship between a child and their parent in order for them to take leave under this act. The personal relationship of a parent and their child is not a factor with the FMLA. The Family and Medical Leave Act does not require the parent to be supportive in any way of their child in order for the child to care for them. (Halbert, & Ingulli, 2011)
The Family and Medical Leave Act can be applied in this case with Tony because the act allows for him to take time off to care for his parent whom has a serious health condition. Tony’s father is having some type of surgery. This is a pretty reasonable explanation for Tony to use leave under the Family and Medical Leave Act. After all, Tony’s father is his biological parent regardless of the fact that he wasn’t involved in raising him. If Tony wants to take leave under the Family and Medical Leave Act to care for his father, he can do so.
Explain Whether the Size of the Business Can Have Any Effect on Whether Tony is Eligible for Family Leave Under the FMLA
Under the Family and Medical Leave Act, it states that an employer has to have personnel of fifty or more employees. Those employees must live within seventy-five miles of the company in order for an employee to qualify for the Family and Medical Leave Act. It does not matter if the employees are full-time, part-time, or temporary employees as long as the total number of employees is equal to fifty or more. Also, in order to be eligible for the Family and Medical Leave Act, the employee has to have been employed or on the company’s payroll for over twenty weeks during that year. The employee is eligible to be covered under the Family and Medical Leave Act if the company they work for meets these requirements. (Halbert, & Ingulli, 2011)
In this case, Rally Motors has over fifty employees, as stated by Tony. The employees consist of full-time and part-time employees. The simple fact that Rally Motors has over fifty employees means that the dealership is covered under the Family and Medical Leave Act. In other words, the size of the business definitely has an effect on whether Tony is eligible for family leave under the FMLA. If Rally Motors had fewer than fifty employees that were within the seventy-five mile radius from the dealership, Tony would not be eligible for family leave under the Family and Medical Leave Act.
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
As stated in the textbook, “other sections of the law guarantee that an employee who returns from a leave can go back to his or her position, or one with equivalent benefits, pay, and employment conditions, without losing any benefits that had accrued prior...