Leslie was employed at a nail salon for 15 years before it went out of business. She called Nail Temp, a local temp specializing in beauty and salon services. On June 14, 2000, Nail Temp placed Nancy at a local salon called Nail Perfection. Nancy worked 40 hours a week and started making great friends at Nail Perfection. She loved their new ergonomic chairs and was happy to use all the latest cosmetics that Nail perfection provided. Every week, she would stop by Nail Temp on the way home to pick up her paycheck. Leslie was thrilled.
Despite Leslie’s success at work, however, she struggled at home. Her adopted daughter Wendy always managed to date the wrong men, and developed a drug problem. On April 20, 2001, Wendy had a baby boy, Rudy. One morning in May 2001, Wendy dropped Rudy off with Leslie and promptly took off with her latest beau. Leslie provided for Rudy from the time he was 1 month old. He lived in her house and she provided his meals and his care. Wendy occasionally contributed to his support, and came by about once a month for a visit.
In January of 2003, Leslie was offered a full time position at Nail Perfection. Her boss broke the good news by saying, “Great news! No need to drop by the old temp agency anymore – you are one of us now!”
In April of that same year, Rudy fell down and broke both arms and both legs. With so many casts, Rudy required full time care. Leslie requested FMLA leave to take care of her grandson. When she asked her boss, he said, “Ooooh- wish we could help. But since you have only worked here for 3 months, we don’t have to provide FMLA.” When Leslie protested, he said, “Honestly, Leslie, I’m sorry, but I can’t help you. Besides you can’t take leave for him because he is not your real son and your daughter was adopted! No way I have to give you FMLA leave.”
Leslie was frustrated. She contacts you to help her out. Please discuss any arguments Leslie should make to support her FMLA claim
Helpful hints from the professor Quote the law for specifics on FMLA eligibilty – the statute etc. who is eligible etc.
that will lead into the reason for leave and will need to include that part of the statute and may be you can look at the DOL website for information.
what does it mean for a family member and the level of care that is needed
here are key points to answer with
– Leslie was employed at Nail Perfection from 2000 – Jan 2003 through a temp agency.
– Leslie became a full time employee of Nail Perfection in Jan 2003.
– Leslie attempted to request FMLA in April 2003.
– Mgr denied claim due to lack of time/hours worked with Nail Perfection.
– Mgr also claimed that he didn’t have to grant Leslie FMLA to care for her grandson as her daughter was adopted. Implication: Adopted children are not covered under FMLA but biological children are.