Maria worked for Big Business Inc and qualified for FMLA lea

Maria worked for Big Business, Inc. and qualified for FMLA leave. Her husband, George, suffered from serious medical conditions, and Maria looked after him, transporting him to medical appointments, cooking for him, giving him his medications, helping him move about, and providing psychological support for him. Big Business had consistently approved FMLA leave requests for Maria of one or two days when she had to do something to assist George. On May 10, Maria requested FLMA leave from June 15 to July1 to assist George in traveling, though she did not specify the reason for the travel. The reason for the travel was to make a pilgrimage to a religious site that was thought to provide healing powers. George did not receive any recognized medical treatment during that pilgrimage, though Maria did assist him in moving around and in giving him his medications.

On June 1, when Big Business requested certification from George’s doctors that he would receive necessary medical treatment during his travels, George’s doctors responded on June 16 that they were not scheduled to provide any medical treatment to George between June 15 and July 1 and that they had no information that George would receive any medical treatment during his travels. Big Business attempted to call Maria on June 16 when they received the information from the doctors to tell her that the FMLA leave request was not granted, but they were not able to reach Maria since she and George had already left on the pilgrimage.

Since the FMLA leave was not granted and since Maria was absent from work from June 15 to July 1, Big Business terminated her. Was Maria entitled to the FMLA leave that she requested? Did Big Business violate Maria’s rights in terminating her?

Solution

Considering the scenario mentioned in this context, it needs to be stated that, according to the Family and Medical leave act of 1993 of the United States, the workers are provided with FMLA leave on a specified family and medical reasons. The primary important factor is the reason needs to be specifically mentioned for availing the leave. But, the mistake that Maria made was not mentioning any specific reason for the leave. And according to the FMLA leave law, if any individual is entitled to the leave, the person needs to specify the exact reason for leave. Otherwise, the company might not grant any leave for the employee.

The Big business did not violate Maria’s right in terminating her because; any employee of an organization is not entitled in taking leave without mentioning any specified reason. Though Maria was eligible for FMLA leave and made an application for the leave, but Maria needed to know that the FMLA leave is only entitled to employee for specific reasons only. Because, the leave involves a long term period, the employees need to show proper and valid reasons for attaining such leave. In the situation of Maria, she needed to make a medical report from doctor describing the need for treatment of George and if she had shown the doctor’s report, it would have been easier for Maria to avoid the hassle.