Question
QUESTION SET FIVE Delcan, a Vegan Bread & More (VBM) baker who has never taken a sick day in his entire 10 years with the
QUESTION SET FIVE Delcan, a Vegan Bread & More (VBM) baker who has never taken a sick day in his entire 10 years with the company, suffered serious burns while working. After being released from the hospital, where he was treated for a week, Delcan called VBM and applied for his accumulated 30 paid sick days (retroactive to the day that he was injured) and also requested FMLA leave until he was cleared to return to work.
Please respond to the following questions related to this fact pattern:
What does an employee need to establish to be entitled to leave pursuant to the Family and Medical Leave Act? Using those factors and the facts that we know based on Question Sets 3, 4, and 5, analyze whether Declan is eligible for FMLA leave. Assuming that he is eligible, what is the maximum amount of FMLA leave that he could be entitled to? Assuming that he is eligible for FMLA leave, what are VBM's obligations to Declan during that leave? Assuming that he is eligible for FMLA leave, how does that leave relate to his paid sick days? Assuming that he is eligible for FMLA leave, what are VBM's obligations to Declan at the conclusion of his FMLA leave? If additional information would be helpful to your analysis, identify that information and how it would impact your analysis.
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