According to the Family and Medical Leave Act (FMLA), employers are legally obligated to grant their employees an unpaid but job-protected leave to deal with medical or family issues. The law entitles such individuals a leave for, among other things, taking care of a parent that is suffering from a serious health condition (Guerin & England, 2015). Based on a recognition of the dynamic nature of current American society, the term ‘parent’ as used in the FMLA encompasses any biological, step, foster or adoptive parent or an individual that acted in loco parentis to the subject employee (“Fact Sheet #28C”, 2015). In loco parentis defines any relationship in which an individual assumed the role of a parent by discharging the acceptable obligations to a child. Legally, an employee is eligible for an unpaid leave for a person that acted in loco parentis even when his or her biological parents are still alive.
Based on the legal stipulations discussed above, I believe that the company is obligated to grant Joe a 6-month leave as per his request. Additionally, the firm should guarantee that he would have his job back after the end of this period. Joe’s grandmother acted in loco parentis from his infancy and thus qualifies as a parent based on the parameters set in the FMLA. Similarly, the description given of her grandmother’s condition indicates that it is serious and hence Joe must be around her to provide care. Joe’s grandmother took care of him since infancy, which is indicative of a high degree of dependency on her as he grew up. Failure to grant this employee the requested leave or guarantee his job would expose the firm to tortious breach and he could sue for damages in addition to statutory fines for acting in contravention of the FMLA (Murphy, 2011).
References
“Fact Sheet #28C: The definition of ‘parent’ as it applies to an individual who stood in loco parentis to an employee for FMLA ‘eldercare’ protections.” (2015). US Department of Labor. Retrieved from http://www.dol.gov/whd/regs/compliance/whdfs28C.pdf
Guerin, L. & England, C.D. (2015). Essential Guide to Family and Medical Leave. Berkeley, CA: NOLO
Murphy, T. (2011). The FMLA Compendium, a Comprehensive Guide for Complying with the Amended Family & Medical Leave Act 2011-2012. Bloomington: AuthorHouse
