Would you allow Jackie to take leave under FMLA? Wy or why not?
- Instructions: As a manager, you will confront many of the following situations. In reality, an HR professional or legal counsel may be available to help guide your decision; However, for the skills application, you are the final arbiter. After reading each situation, use Internet resources to research the legal implications of the question in order to answer the questions at the end of each situation. Conclude with a statement highlighting what you learn from this assignment.
- Scenario: You are the manager of the housekeeping services department at Anderson Memorial Hospital’s Marion facility. Your department is responsible for 24/7 coverage.
Situation 1: Simonette has worked for you for the past seven months. During this time, she has worked slightly less than 1,400 hours. She wants to be off each Friday and Monday for the next few months to care for an ailing cousin who is dying of cancer. She has accumulated 36 hours of PTO (paid time off ). She would like to take leave under FLMA. Does Simonette qualify for leave under the FLMA? Why or why not?
Situation 2: Due to the closing of a wing, you have had to reassign several employees from the first shift to the second and third shifts. This reassignment was done per hospital policy and past practice. Emily Pearson told you she would not accept the transfer to second shift (3:30 p.m. to 11:30 p.m.) because she claimed to be protected under the ADA and the organization must accommodate her request. In discussions with you, she brought in a medical slip that indicated that she suffered from colitis (an intestinal disorder), tiredness, nausea, and diarrhea. Emily claimed that due to her medical impairments, you must accommodate her request to remain on the first shift. Would you grant Emily’s request for reasonable accommodation?Give your rationale (using course concepts) as to why or why not?
Situation 3: John Daniel “Jackie” Phillips works in the laundry. Jackie recently came out and has affirmed his sexuality by becoming an activist in the local gay rights movement. Jackie worked 2,018 hours during the past 12 months. He has requested that he be granted 12 weeks of leave to care for his companion who is dying of AIDS. Would you allow Jackie to take leave under FMLA? Wy or why not?
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