[Uncooperative Employer] Rachel Requested a 12-Week Leave for the Birth

question 34

Multiple Choice

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week.
-Which of the following is true regarding Hannah's position that Rachel could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

• A) Hannah is correct.
• B) Hannah could require that Rachel take sick leave time prior to leave under the Family and Medical Leave Act but not that she take vacation time prior to leave under the Family and Medical Leave Act.
• C) Hannah could require that Rachel take vacation time prior to leave under the Family and Medical Leave Act but not that she take sick leave time prior to leave under the Family and Medical Leave Act.
• D) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if the company employs under 100 workers.
• E) Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if Rachel had already taken at least one week of vacation in the previous 12 months.

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Definitions:

Certification Process

A formal procedure by which an accredited or authorized body assesses and recognizes that a person, product, or organization meets certain predefined standards.

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