1. What are the advantages and disadvantages of extending Maura Currier’s leave? 2. If you were the human resource director, would you grant her request? Explain your answer.
1. What are the advantages and disadvantages of extending Maura Currier’s leave?
2. If you were the human resource director, would you grant her request? Explain
your answer.
The Medical Leave Problem (FMLA)
Maura Currier has been working for ComputerTech for four years as a lead supervisor.
During the past two years, Currier’s mother has needed frequent medical attention for
her diabetes. Being the only child, Currier has helped her mother, Jane Currier, as often
as her work schedule would allow. Unfortunately, during the past two years, her
mother’s condition has worsened.
With the passage of the Family and Medical Leave Act (FMLA), Currier asked the firm
for, and was granted, an unpaid leave to care for her mother in accordance with
company policy (see the policy in Exhibit 4.9). The agreement stated that Currier could
miss work every Friday for 60 weeks rather than take off 12 straight weeks. At the end
of 60 weeks, Currier returned to work full time and immediately began missing work to
care for her mother until all of her allotted vacation and sick leave days were exhausted.
She then asked that her Friday leave be extended indefinitely, because her mother’s
condition remained serious and she required ongoing assistance.
Exhibit 4.9.
Family Medical Leave Policy
Employees who have worked for at least one year and worked 1,250 hours during the
12-month period preceding the commencement of the leave year are eligible to take up
to 12 weeks of unpaid job-protected leave during any 12-month period for one or more
of the following reasons:
Because of the birth of a son or daughter of the employee and to care for such son or
daughter;
Because of the placement of a son or daughter with the employee for adoption or foster
care;
To care for the spouse, son, daughter, or parent of the employee, if such spouse, son,
daughter, or parent has a serious health condition; or
Because of a serious health condition that makes the employee unable to perform the
functions of the position of such employee.
For qualifying exigencies arising out of the fact that the employee’s spouse, son,
daughter, or parent is on active duty or call to active duty status as a member of the
National Guard or Reserves in support of a contingency operation.
We will also grant an eligible employee who is a spouse, daughter, parent, or next of kin
of a current member of the Armed Forces, including a member of the National Guard or
Reserves, with a serious injury or illness, up to a total of 26 weeks of unpaid leave
during a single 12-month period to care for the service member.
If two spouses are employed by us, they are limited in the amount of family leave they
may take for the birth and care of a newborn child, placement of a child for adoption or
foster care, or to care for a parent who has a serious health condition, to a combined
total of 12 weeks (or 26 weeks if leave to care for a covered service member with a
serious injury or illness is also used). Leave for birth and care, or placement for
adoption or foster care, must conclude within 12 months of the birth or placement.
Under some circumstances, employees may take FMLA leave intermittently—taking
leave in separate blocks of time for a single qualifying reason—or on a reduced leave
schedule-reducing the employee’s usual weekly or daily work schedule. When leave is
needed for planned medical treatment, the employee must make a reasonable effort to
schedule treatment so as not to unduly disrupt our operation. If FMLA leave is for birth
or care, or placement for adoption or foster care, use of intermittent leave is subject to
our approval.
Employees who wish to take advantage of this policy must fill out a Leave Request
Form at least 30 days prior to the date they wish the leave to commence, or as soon as
possible in cases where the reason for the leave (such as sudden illness) was
unforeseeable. You will be entitled to return to your same job or an equivalent position
as the one you held before, and all normal benefits will be restored. Eligible employees
will also be entitled to maintain group healthcare coverage during the period of leave to
the same extent as if they had continued to work during the leave period.
The firm’s human resource director was uncertain what her response should be in this
situation. ComputerTech needed Currier to be at work regularly because of the
increasingly heavy workload, the fact that her job duties were critical, and because other
supervisors and employees preferred not to have to cover for her. On the other hand,
Currier was an excellent supervisor and had worked four years for ComputerTech. In
addition, everyone was concerned about the welfare of both Currier and her mother and
wanted to be supportive of them.
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