Reference no: EM133811202

Question

Joe, an employee in our California office, has requested six weeks of unpaid leave to care for his grandmother, who requires postoperative assistance. This memo examines our legal obligations under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) concerning Joe's request. Federal FMLA Eligibility: The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. Eligibility criteria include: 1. Employer Coverage: The employer must have 50 or more employees within a 75-mile radius. 2. Employee Tenure: The employee must have worked for the employer for at least 12 months. 3. Hours Worked: The employee must have completed at least 1,250 hours of service in the 12 months preceding the leave. Under FMLA, leave can be taken to care for a spouse, child, or parent with a serious health condition. The term "parent" includes biological, adoptive, step, or foster parents, or individuals who stood in loco parentis to the employee when they were a child. In loco parentis refers to a person who assumed the role of a parent by providing day-to-day care or financial support. Therefore, if Joe's grandmother raised him and fulfilled parental responsibilities during his childhood, she would be considered in loco parentis. Consequently, Joe would be eligible for FMLA leave to care for her. Peer response.