Question: Keith Cline worked for Wal-Mart Stores, Inc., as a night maintenance supervisor. When he suffered a recurrence of a brain tumor, he took a leave from work, which was covered by the Family and Medical Leave Act (FMLA) of 1993 and authorized by his employer. When he returned to work, his employer refused to allow him to continue his supervisory job and demoted him to the status of a regular maintenance worker. A few weeks later, the company fired him, ostensibly because he "stole" company time by clocking in thirteen minutes early for a company meeting. Cline sued Wal-Mart, alleging, among other things, that Wal-Mart had violated the FMLA by refusing to return him to his prior position when he returned to work. In view of these facts, answer the following questions. [Cline v. Wal-Mart Stores, Inc., 144 F.3d 294 (4th Cir. 1998)]
1. Did Wal-Mart violate the FMLA by refusing to return Cline to his prior position when he returned to work?
2. From an ethical perspective, the FMLA has been viewed as a choice on the part of society to shift to the employer family burdens caused by changing economic and social needs. What "changing" needs does the act meet? In other words, why did Congress feel that workers should have the right to family and medical leave in 1993, but not in 1983, or 1973, or earlier?
3. "Congress should amend the FMLA, which currently applies to employers with fifty or more employees, so that it applies to employers with twenty-five or more employees." Do you agree with this statement? Why or why not?