QUESTION $8(10$ points$)$

Nancy decides to hire Stephen. After three years of full$-$time employment on the

job $($and never having missed a day!$)$ Stephen files for leave under the Family and

Medical Leave Act $($FMLA$).$ Stephen and his wife have adopted a newborn, and he

feels that this bonding time is very essential. Stephen appropriately requests

leave to take care of the newborn. Nancy denies Stephen$$s request. Stephen files

suit against Nancy. What will the final decision be$?$

$1.$ Stephen will win because he is an eligible employee having worked more than a total

of $12$ months, including over $1,250$ hours over the previous $12$ months.

$2.$ Stephen will win because he is entitled to $12$ weeks of job$-$protected unpaid leave for

any family issues, Adoption qualifies as a recognized right for family leave.

$3.$ Stephen will lose because adoption is not a covered area for family leave under the

FMLA.

$4.$ Stephen will lose because Nancy$$s daycare is not a covered employer under FMLA