Writing About Family Medical Leave

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Is Michelle entitled to FMLA leave? In your answer, define the FMLA and explain the parameters of leave covered by the statute. Is this company governed by the FMLA?
Is Michelle an eligible employee? Is Mariah's illness a qualifying event? Is Michelle entitled to leave? If an employee is entitled to leave, what are they entitled to upon return to work?
Answer: Family medical leave
The Family Medical Leave Act (FMLA) leave is a federal law that provides reservations for unemployment and unpaid leave for up to 12 weeks for a 12 month period to individuals who care for newborns or adoption of minors, care of their own or a direct relative in serious health condition and taking care of individuals with serious health conditions (Beatty, Samuelson and Abril 481). The unpaid leave for family and medical reasons is determined on case by case basis to evaluate the merit of allowing the leave (Connell 84).The FMLA covers the public and private employers with 50 or more employees.
When considering whether the company is governed by the FMLA one considers the number of employees. The child (Mariah) is below 18 years of age, which means that caring for the daughter is covered under the FMLA. While the employer has 30 permanent employees during summer and the 8 weeks to Christmas the company employs up to 80 weeks. As such, for at least 20 calendar weeks in the current year or the previous one the company employs at least 50 employees and the employees are eligible for the family medical leave. Michelle is also covered by the FMLA because she has worked for at least 12 months (Beatty, Samuelson and Abril 481). Even with the 10-weeks family medical leave working 40 hours per week means she has worked at least 1250 hours in the previous 12 month period.
Employers must provide the employee with the right to apply for up to 12 weeks of...