08 Aug Is Mary entitled to FMLA? Identify the facts that would suggest this entitlement

Short Essay: Mary Martin

Mary Martin is an Operational Training and Compliance Manager for a large restaurant chain. Her job requires traveling throughout the Southeast region of the United States to train staff at various locations on the use of certain systems, front desk operations, and kitchen protocols. She is also required to audit kitchen operations at various locations to ensure that use and safety protocols are met. She has been with the company for approximately three years and is fully invested in her work, as evidenced by the 12-hour days she has put in each week for the last 18 months.

When Mary first disclosed that she was pregnant, her supervisor and co-workers were incredibly happy for her. They even threw her a baby shower at one of the restaurant locations. Things were going great. However, Mary developed both placenta previa and gestational diabetes, which resulted in her pregnancy being considered “high risk.” On August 31st, her doctor advised that she should avoid traveling, and instead, work from home until her due date, which was scheduled for October 1st. Her doctor provided Mary with a medical note that made the same recommendations.

The next day, September 1st, Mary provided her supervisor, Amy, with the doctor’s note, and indicated that she would need to start working remotely immediately until she could take her FMLA leave when she gave birth. Mary also requested that she would probably need to remain working remotely after her FMLA leave for three additional months so she would have sufficient time to identify childcare options when the baby was older. A little taken aback by the sudden news, Amy advised Mary that she needed to consult with Human Resources regarding her requests.

Instructions:

You are the Human Resources Director. Amy has come to you with the aforementioned facts and needs your advice on the best course of action. Taking what you know so far, what advice would you give to Amy? To assist you in preparing your short essay, include answers to the following questions:

Is Mary entitled to FMLA? Identify the facts that would suggest this entitlement. If Mary is eligible, how much FMLA leave would she be entitled to take?

Is Amy required to allow Mary to work remotely before the birth? Are there any facts that would help you evaluate whether Mary’s request to work remotely before she gives birth is reasonable or unreasonable under the Americans with Disabilities Act (ADA)? Specifically, evaluate both possibilities: If remote work is unreasonable, what option is available to Mary to avoid the travel? Does this other option impact her FMLA time in anyway? If remote work is reasonable, what options could be explored to facilitate this?

Is Amy required to allow Mary to work remotely following her FMLA leave to identify childcare options?

Formatting and Other Advice:

This is a short essay. However, I am not grading you on format, but rather the substance and content of your answers. Be sure to fully explain your points. Do not skip on details. Consider the material covered in Week Two and Week Three. The purpose of this assignment is to help you communicate the concepts you are learning in a clear and comprehensive format to management. Explaining the reasons behind why certain approaches are better than others is a critical skillset of an HR professional. The facts are vague intentionally because I want you to make educated assumptions and argue these points in furtherance of the various options. Additionally, while you may ultimately make a recommendation, I expect you to discuss all options and assess the implications of each option. Lastly, do not base your decision on your personal feelings. Your company’s management relies on you to provide accurate, and fact-based advice.

Requirements: short essay

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