Requirements for employees wishing to take fmla leave


Problem 1: There are three (3) mandatory "eligibility" requirements for employees wishing to take FMLA leave. Identify those three requirements in detail.

Problem 2: Employees wishing to take FMLA leave can do so for a variety of reasons. First, identify the most common reasons an employee may request FMLA leave. Then, describe what steps an employee must take to request FMLA leave. Finally, what must an employer do when presented with a request from an employee? May an employer deny FMLA leave? If so, when?

Problem 3: FMLA leave requires a "serious health condition." Describe what has to happen before it can be determined that an employee, or a family member of an employee, suffers from a "serious health condition." Then, locate a case where an employer challenged whether an employee or family member actually suffered from a "serious health condition" and explain the court's decision and reasoning.

Problem 4: There are two (2) types of legal claims employees may make when suing an employer under the FMLA. Research and identify these two types of claims. Then describe how the claims are analyzed. In other words, what does an employee have to prove when bringing each type of claim? What might an employer argue in defense of such claims?

Problem 5: The FMLA allows an employee to take "intermittent leave." First, research into "intermittent leave." Then, describe what that term means. What is the shortest period of time that an employee can be away from work on "intermittent leave?" What must an employer do to track an employee's use of FMLA leave? Finally, find a case that concerns "intermittent leave" and explain what the dispute was about and how the court ruled.

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Business Law and Ethics: Requirements for employees wishing to take fmla leave
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