Question

John Harrison is the owner of Harrison Enterprises, Inc., a small metal fabrication shop located in Poughkeepsie, New York. Andrew Jameson, an employee of Harrison Enterprises, has approached John with a request. Andrew is the proud parent of a newborn son, and he would like to take the next two (2) weeks off from work in order to “bond” with his new child. John knows that Andrew does not have any accrued vacation time (shortly before his son was born, Andrew had taken a final “two-person family” trip to Florida with his wife, Sara). He also knows that Harrison Enterprises is not legally required to comply with the Family and Medical Leave Act (FMLA), since the company only has seventeen (17) employees (FMLA mandates that businesses employing more than fifty people provide their workers with up to twelve weeks’ unpaid leave every year for a host of specified reasons, including the birth of a child).

John wonders whether his company has an ethical obligation to comply with the “spirit” of the Family and Medical Leave Act, even though he does not have a technical, legal obligation of compliance. Advise John whether his company has such an ethical obligation. Should John Harrison allow Andrew Jameson to take his requested two (2) weeks of leave from work?

Answer 1

FMLA (Family and Medical Leave Act) is a Federal Law that guarantees Eligible Employees up to 12 Workweeks on unpaid leave each year with no loss of job.

FMLA also requires that employers covered by law to maintain the health benefits for eligible workers just as if they were working.

FMLA applies to all Public Agencies, including State, Federal and Local employers as well as Schools.

But for Private Employers, FMLA applies to only thos employers who employed 50 or more employees for at least 20 workweeks during the current year or the previous year.

As per the above case, Harrison Enterprises, Inc., a small metal fabrication shop  is a Private Employer and have only seventeen employees, so, the above employer is not covered under FMLA, so, the above employer has not ethical or legal obligation to grant two weeks leave to Mr. Andrew Jameson.

But if Company can afford, the company should grant leave to Mr. Andrew.