Question
Your clinic, in an effort to be family friendly and also to improve recruitment of persons with caregiving responsibilities, has offered more than is required
Your clinic, in an effort to be family friendly and also to improve recruitment of persons with caregiving responsibilities, has offered more than is required under the FMLA. The clinic extends up to 12 weeks of unpaid leave to employees who have completed six months of full-time service or nine months of part-time service. One of your employees, who has completed seven months of full-time service, requests six weeks of this leave for recovery after surgery to remove her gallbladder. Her manager recommends not granting this request because the employee, for reasons that do not appear to be related to her gallbladder condition, has used all her accrued leave and has a zero balance of paid time off.
Answer the following 4 questions:
- Would denial of this request possibly represent a violation of Title VII? The FMLA? The ADAAA?
3)How might you go about determining if this denial is or is not discriminatory?
2) Could this condition qualify as a disability?
4) If this condition were a disability, would unpaid leave represent a reasonable accommodation?
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