You work as an assistant HR manager for a regional office of a beverage distribution company. Your
Question:
You work as an assistant HR manager for a regional office of a beverage distribution company. Your company has 4,150 employees nationwide and your office has 220 employees. Jamar has worked as a salesperson and driver in your office for four years. He actually worked 36 hours per week over the course of last year.
Four months ago, Jamar started suffering from migraines. He has requested that he be able to stay at home when he has migraines. You gave Jamar the Eligibility and Rights and Responsibility notices. You requested that Jamar provide a medical certification as required by your company's policy. He timely submitted the certification. The certification provided the physician's name, contact information, and indicated the physician was a neurologist. It stated when Jamar's condition began and provided the following information about the condition: "Patient suffers from migraines that incapacitate the patient on an intermittent basis. Prescriptions and bed rest prescribed as regimen of treatment." It also included the following information: that Jamar would be incapacitated from 1 - 3 days at a time as result of the condition; that while Jamar is incapacitated he will be unable to work; and that Jamar will require intermittent leave or a reduced schedule for (1) planned medical treatment - one scheduled visit every three months for follow-up care, and (2) for unforeseeable episodes of incapacity - 1-3 episodes per month.
Answer =
QUESTION 2
You work as an assistant HR manager for a regional office of a beverage distribution company. Your company has 4,150 employees nationwide and your office has 220 employees. Jamar has worked as a salesperson and driver in your office for four years. He actually worked 36 hours per week over the course of last year.
Four months ago, Jamar started suffering from migraines. He has requested that he be able to stay at home when he has migraines. You gave Jamar the Eligibility and Rights and Responsibility notices. You requested that Jamar provide a medical certification as required by your company's policy. He timely submitted the certification. The certification provided the physician's name, contact information, and indicated the physician was a neurologist. It stated when Jamar's condition began and provided the following information about the condition: "Patient suffers from migraines that incapacitate the patient on an intermittent basis. Prescriptions and bed rest prescribed as regimen of treatment." It also included the following information: that Jamar would be incapacitated from 1 - 3 days at a time as result of the condition; that while Jamar is incapacitated he will be unable to work; and that Jamar will require intermittent leave or a reduced schedule for (1) planned medical treatment - one scheduled visit every three months for follow-up care, and (2) for unforeseeable episodes of incapacity - 1-3 episodes per month.
What would you do?
A. | Deny Jamar's request. Migraines do not count as a 'serious health condition' | |
B. | Call Jamar and tell him that he can only take leave if there is a replacement driver available when he needs the leave. Also let Jamar know that if the request is approved, he must get a doctor's not each time he misses work due to migraines. | |
C. | Deny Jamar's request. Allowing Jamar intermittent leave will unduly burden your company's options | |
D. | Approve the request and designate Jamar's leave as FMLA leave. |
3. Defend the option you chose in question 2