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On Monday, November 6, 2017, 16 year old Mariah becomes sick at school and calls her mom, Michelle. Michelle takes Mariah to see Dr. Hart, who diagnoses Mariah with the flu. Mariah is lethargic and feverish, so Dr. Hart prescribes lots of rest and fluids; he then advises Michelle to keep Mariah home from school for the rest of the week. Michelle contacts her employer to inform them that her daughter is sick and she cannot return to school for a week. She then requests permission to use FMLA leave for the days she will miss from work (half a day Monday, and all day Tuesday through Friday). Michelle is a full-time employee and has worked for her employer for the past six years roughly forty hours per week. During the past 52 weeks of work, Michelle has used 10 weeks of FMLA leave, some for herself after an injury and some when her husband required surgery. Michelle works for a retail company that hires many seasonal employees. During the summer as well as the eight week period between November 1st and Christmas, the company employs upwards of 80 people. During the other (non-seasonal) weeks of the year, the company employs 30 permanent staff.
Is Michelle entitled to FMLA leave? In your answer, define the FMLA and explain the parameters of leave covered by the statute. Is this company governed by the FMLA? Is Michelle an eligible employee? Is Mariah’s illness a qualifying event? Is Michelle entitled to leave? If an employee is entitled to leave, what are they entitled to upon return to work?
 
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