Question
Incident 84. The Medical Leave Problem (FMLA) Maura Currier has been working for ComputerTech for four years as a lead supervisor. During the past two
Incident 84. The Medical Leave Problem (FMLA) Maura Currier has been working for ComputerTech for four years as a lead supervisor. During the past two years, Curriers mother has needed frequent medical attention for her diabetes. Being the only child, Currier has helped her mother, Jane Currier, as often as her work schedule would allow. Unfortunately, during the past two years, her mothers condition has worsened. With the passage of the Family and Medical Leave Act (FMLA), Currier asked the firm for, and was granted, an unpaid leave to care for her mother in accordance with company policy (see the policy in Exhibit 4.9). The agreement stated that Currier could miss work every Friday for 60 weeks rather than take off 12 straight weeks. At the end of 60 weeks, Currier returned to work full time and immediately began missing work to care for her mother until all of her allotted vacation and sick leave days were exhausted. She then asked that her Friday leave be extended indefinitely, because her mothers condition remained serious and she required ongoing assistance. Exhibit 4.9. Family Medical Leave Policy Employees who have worked for at least one year and worked 1,250 hours during the 12-month period preceding the commencement of the leave year are eligible to take up to 12 weeks of unpaid job-protected leave during any 12-month period for one or more of the following reasons: Because of the birth of a son or daughter of the employee and to care for such son or daughter; Because of the placement of a son or daughter with the employee for adoption or foster care; To care for the spouse, son, daughter, or parent of the employee, if such spouse, son, daughter, or parent has a serious health condition; or Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee. For qualifying exigencies arising out of the fact that the employees spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. We will also grant an eligible employee who is a spouse, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness, up to a total of 26 weeks of unpaid leave during a single 12-month period to care for the service member. If two spouses are employed by us, they are limited in the amount of family leave they may take for the birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition, to a combined total of 12 weeks (or 26 weeks if leave to care for a covered service member with a serious injury or illness is also used). Leave for birth and care, or placement for adoption or foster care, must conclude within 12 months of the birth or placement. Under some circumstances, employees may take FMLA leave intermittentlytaking leave in separate blocks of time for a single qualifying reasonor on a reduced leave schedule-reducing the employees usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt our operation. If FMLA leave is for birth or care, or placement for adoption or foster care, use of intermittent leave is subject to our approval. Employees who wish to take advantage of this policy must fill out a Leave Request Form at least 30 days prior to the date they wish the leave to commence, or as soon as possible in cases where the reason for the leave (such as sudden illness) was unforeseeable. You will be entitled to return to your same job or an equivalent position as the one you held before, and all normal benefits will be restored. Eligible employees will also be entitled to maintain group healthcare coverage during the period of leave to the same extent as if they had continued to work during the leave period. The firms human resource director was uncertain what her response should be in this situation. ComputerTech needed Currier to be at work regularly because of the increasingly heavy workload, the fact that her job duties were critical, and because other supervisors and employees preferred not to have to cover for her. On the other hand, Currier was an excellent supervisor and had worked four years for ComputerTech. In addition, everyone was concerned about the welfare of both Currier and her mother and wanted to be supportive of them. Questions
1. What are the advantages and disadvantages of extending Maura Curriers leave?
2. If you were the human resource director, would you grant her request? Explain your answer
- What are the advantages and disadvantages of extending Maura Curriers leave?
The disadvantages of extending Mauras leave are that her workload would be pushed onto someone else and missing a day weekly means missing a days worth of money. Advantages of extending her leave would be helping her out during this time of need since she is an excellent employee and ultimately, she would miss less work if she had that one day a week to care for her mother. Taking care of your employees mental health is important and helping her out during this time shows that she is more than just an employee.
- If you were the Human Resource Director, would you grant her request? Explain your answer.
I dont believe that I could approve her request through FMLA because Maura has used her allotted time unless her mother is a servicemember. You can only take twelve workweeks of leave in a 12-month period but 26 if you are caring for a service (Family and Medical Leave Act, 2023). Although I cannot approve her through FMLA I think its important to see if we can find alternatives to approve this leave for her. She could possibly work four ten-hour days to make up for her missed time or hopefully we can approver her absence indefinitely through some other contract. It is very important to help our employees during hard times because if we dont, they will eventually start doing less and eventually quit.
What are your thoughts on this?
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