Instructions: Give a full answer. Consider the facts, including what is given and what can be presumed from the facts. Then apply the rules to those facts to obtain your answer and explain it. Submit your answer as an attached file.
On Monday, Mariah, age 16, becomes sick as school and calls her mom, Michelle. Michelle takes Mariah to see Dr. Hart, who diagnoses Mariah with the flu. Dr. Hart prescribes medication and tells Michelle that Mariah will need a week to recover before she can return from school.
Michelle contacts her employer to inform them that her daughter is sick and cannot return to school for a week. She would like to take FMLA leave for the days she will miss from work (half day Monday, all day Tuesday-Friday). Michelle has worked for her employer full-time for the past 6 years, averaging 40 hours a week.
During the past 52 weeks, Michelle has used 10 weeks of FMLA leave. Michele works for a retail company that has a lot of seasonal employees. During the twelve weeks of summer and eight weeks from November to Christmas, the company employs 80 people.
During the other weeks, the company only employees 40 people.
Is Michelle entitled to FMLA leave?
In your answer, address whether this is a qualifying event, whether Michelle is an eligible employee, and whether the company is covered by FMLA.
Additionally, if Michelle is entitled to FMLA leave, what is she entitled to upon her return from leave?
(450 to 600 words)