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Topic 1: FMLA Issues

Topic 1: FMLA Issues.

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

Topic 2: BFOQ and Business Necessity Defenses

“BFOQ’s and “business necessity” sometimes serve as exceptions to the rule that you cannot discriminate in employment decisions.

1.  Briefly discuss the difference between BFOQ and Business Necessity defenses.

2. Locate one real-life case from a court or other tribunal where a BFOQ argument carried the day–or did not. Summarize the case. Do you agree or not with the decision? Why or why not?

3. Locate one real-life case where the argument “business necessity” carried the day – or did not.  Summarize the case. Do you agree or not with the decision? Why or why not?

You must substantively respond to two colleagues.

Use at least one HR/legal reference and here are a few to get you started.

https://legaldictionary.net/bona-fide-occupational-qualification/

https://scholarship.law.edu/cgi/viewcontent.cgi?article=2259&context=lawreview

http://www.nolo.com/legal-encyclopedia/fighting-race-national-origin-discrimination-29672.html

http://www.nolo.com/legal-encyclopedia/reasonable-accommodation-religious-beliefs.html

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Topic 1: FMLA Issues

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