LEG500 Assignment 2 - Running head ASSIGNMENT#2 FAMILY...

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Running head: ASSIGNMENT #2 – FAMILY RELATED ISSUES 1 Assignment #2 – Family Related Issues Strayer University LEG500 – Law, Ethics, and Corporate Governance Professor: Benjamin M. Shushan May 1, 2011 Assignment #2 – Family Related Issues
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ASSIGNMENT #2 – FAMILY RELATED ISSUES 2 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 whether a parent had anything to do with a biological child growing up or not, the child is still entitled to take the FMLA time to care for that parent. The FMLA states one of the reasons for an employee to take family or medical leave is to “ care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition” (Halbert & Ingulli, 2009, p.137). The definitions of parents are broad. According to the FMLA, a parent is defined liberally as biological, adoptive, step, or foster parent, or an individual who stood in loco parentis to the person when that person was younger (Dwoskin & Squire, 2010). Thus, the term "parent" means not only the biological parent but also the person who acted as the parent when the employee was a child. However, under the FMLA, the personal relationship of the child and biological parent is not a factor in being eligible for the FMLA. The FMLA does not state that parent must have been involved in the lives of the children or the children must be involved in the lives of the parent. A parent could be out of their child life for various reasons. For instance, the parent could have had financial difficulties or incarcerated. But it does not matter if the parent was in the employee's life, that person is still the parent. In addition, the FMLA does not require the parent to physically or financially supportive of the child. That is, the FMLA does not place stipulations on granting leave for a parent based upon financial or physical responsibilities. Hence, the type of relationship between a child and biological parent has no bearing on whether an employee is eligible for the FMLA. Explain Whether the Size of the Business Can Have Any Effect on Whether
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ASSIGNMENT #2 – FAMILY RELATED ISSUES 3 Tony Is Eligible for Family Leave under the FMLA. Yes, the size of the business plays a part in the decision about whether or not Tony is eligible for family leave under the FMLA. In other words, an employer must be covered by the FMLA regulations. The United States Department of Labor (2010) stated: The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (schools), and private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers. (¶3) Additionally, the FMLA further stipulates that to be eligible for FMLA leave, an employee
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This note was uploaded on 11/15/2011 for the course ACCOUNTING LEG500 taught by Professor Benjaminm.shushan during the Spring '11 term at Strayer.

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LEG500 Assignment 2 - Running head ASSIGNMENT#2 FAMILY...

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