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

question 60

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 Miguel's claim that the other employee should be removed so that he can have his position back?

• A) Unless the other employee has seniority over him, Miguel is entitled to have his job back.
• B) Miguel is entitled to his job back only if there is another position to which Milos could be assigned in the company.
• C) Miguel is entitled to his job back because the Family and Medical Leave Act requires that his job be held for him for at least six months.
• D) Miguel is not entitled to his job back because the Family and Medical Leave Act only requires that an employee be allowed to come back to work, not that the employee be provided the same job at the same rate of pay.
• E) Miguel is not entitled to his former job under the Family and Medical Leave Act because the Act does not require reinstatement when an employee takes leave under the Act but is off for more than 12 weeks.

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