Family Related Issues Essay Example | Topics and Well Written Essays - 1000 words

Family Related Issues - Essay ExampleThe act classifies a invoke as either biological, adoptive, step or foster parent or any other(a) individual(a) who took care of the employee when he/she was a tike. The act further recognizes a son or daughter by biological means, adoption, foster, stepchild or legal ward child. The act does non intimate that for a person to cast aside leave under FMLA, to cater for his parent that the parent must have cared for the workers when he/she was a child (Effland & Kelly, 2009). The act recognizes a natal get down as a parent even if the person did not bring up the child. A person also qualifies as a parent if the brought up the child, but they are not the biological parent. Tony was, therefore, qualified for the leave he had requested. It did not matter whether his biological father took care of him as a child he qualifies as a parent. Q2. Explain whether the size of the assembly line can have any effect on whether Tony is entitled for famil y leave under the FMLA According to FMLA, an eligible employee is an employee of a covered employer who has been in employment for a minimum of 12 months and has worked for a minimum of 1,250 hours during the 12-month plosive speech sound (ECFR, 2012). The employee also inevitably to be in employment at a worksite where the company sustains a stave of 50 or more on the payroll, and are within 75 miles of the worksite. The act does not divide on whether a person works part time or full time as long as they have worked for the hours specified. For casual laborers, 52 weeks count as 12 months. The business needs to have at least 50 workers within 75 miles of the work site. The work site whitethorn be a single location or a variety of locations. Separate buildings may egest as one worksite if the buildings are close to each other serve the same purpose and handle staff and equipment. The size of the business may affect whether Tony qualifies for leave. The business need to have, at least, 50 employees in its payroll, whether they are permanent or casual. Hermans business has over 50 employees, though not all told of them are fulltime employees. The size of the business is, therefore, not a valid agreement for denying Tony leave additionally the reason that Harman gives that others go out ask for leave if Tony gets leave is also not valid. Q3. Explain whether Herman can or cannot imply that if Tony takes a leave of absence seizure under the FMLA, he may not have a trick when he returns Since Tony qualifies for leave under FMLA, Tony has rights to several privileges. On return from leave, Tony should return to his previous post, regarding pay and other terms of employment. The act, however, foresees situations in which a business may restructure in order to accommodate the absence of an employee, or the employer may replace the worker (ECFR, 2012). In such cases, the employer has to reinstate the worker to a authority identical to his previous place in ter ms of pay and terms. The duties must be similar, requiring the same skill, and appearance the same authority and responsibilities. The employee is also entitled to any pay increases in salary that happened while on leave however, in the case of bonuses, it is dependent whether the bonus has ties to any achievement. In such a case, the employee will be under evaluation for qualification for the bonus. The only exemption from fulfilling these requirements is concerning aspects of the job that are not mensural or tangible. Harman is not justified in threatening to fire Tony