ASSIGNMENT #2 – FAMILY RELATED ISSUES
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