Todd has recently asked for FMLA time off to take care of his father’s serious medical...

Todd has recently asked for FMLA time off to take care of his father’s serious medical condition related to a disability that he and his father both suffer. Todd’s company has 40 employees and argues that giving Todd time off would create an undue hardship.

a. Is the company’s undue hardship relevant to Todd’s FMLA request?

b. What would be an example of a disability that would also serious health condition under the FMLA?

c. Can a Todd take FMLA leave to care for this father’s serious health condition?

Expert Solution

a. Yes. As per the provisions of Family and Medical Leave Act (FMLA) all Public Agencies and Private and Public schools comes under FMLA. However, a Private company is require to apply for FMLA only if its total number of employees are 50 or more. Considering that Todd’s company is a private company and it has less than 50 employees (i.e. 40 employees as given in the question ) , it will cause undue hardship on the company.

b. An example of disability that will be considered as a serious health condition under FMLA can be :

Broken bone from an accident which require restorative surgery.
Disability due to long term medical conditions like cancer or kidney failure.

c.. Yes, according to FMLA an employee can take FMLA leave to provide care to immediate family member with a serious health condition. Since father is immediate family member,Todd will be eligible for FMLA leave.

ekkarill92 answered 2 years ago

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