FACT PATTERN 3 Jimmy Johnson works at the Pawtucket branch of the ABC Corp., a tomato sauce manufacturer headquartered in Providence. The Pawtucket branch has 27 employees, most part-time, but is the largest of the three branches. The Providence headquarters has 25 employees and the Warwick branch has 15 employees. Each office has two well-paid sales representatives. Jimmy has worked full-time as a sales representative for ABC for the past fifteen years and has received many commendations in attendance and performance. This year Jimmy has not missed one day of work, and, if he maintains his sales edge over Jack Jones this quarter he will win the Sales Representative Award. On the morning of October 1, Jimmy went into his supervisors office requesting six (6) weeks of family leave on or about December 1 which is the expecting date for his first child.

Question 6: Explain whether Jimmy Johnson would be eligible for FMLA leave, and any issues that may occur regarding reinstatement. Assuming all FMLA criteria have been met and leave was granted, the baby is born four weeks premature. The morning of the childs birth, Jimmy telephoned his supervisor leaving a message on voicemail about the birth and that he would begin his granted leave that day.

Question 7: Can Jimmy commence his FMLA leave upon notification?