Topic 1: FMLA Issues
Joe has had a difficult life. His parents separated when he was an infant. His mother began drinking heavily to deal with her depression and became an alcoholic. Social Services intervened to remove Joe from his mother’s care. Joe’s grandmother took Joe in and raised him from infancy.
Joe is now employed for your company which is situated in California.
His grandmother needs a serious operation on her eyes and will require constant monitoring and help 24 hours a day 7 days a week. Joe asks for 6 weeks of unpaid leave from his important job to provide care for his grandmother.
Your boss comes to you – “Are we legally obligated to grant Joe unpaid leave and guarantee him his job?”
1. Write a memo to your boss:
A. What are the Federal FMLA eligibility requirements relative to Joe being able to take unpaid leave and have a guaranteed job, to take care of his grandmother?
B. What are the Calif FMLA eligibility requirements relative to Joe being able to take unpaid leave and have a guaranteed job, to take care of his grandmother? Only address differences between Calif FMLA and Fed FMLA, if any, as to the question of Joe being able to leave to take care of his grandmother?
You must substantively respond to two colleagues.
Use a minimum of two HR/legal references to support your conclusions. Below is a couple of links to get you started.
http://www.nolo.com/legal-encyclopedia/leave-policies-workplace-faq-29088.html
http://www.ncsl.org/research/labor-and-employment/state-family-and-medical-leave-laws.aspx
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