For the last five years, Madison has worked 20 hours per week at Save Right Phar
ID: 383584 • Letter: F
Question
For the last five years, Madison has worked 20 hours per week at Save Right Pharmacy. She has always been a reliable and efficient employee. When her mother became seriously ill, Madison notified Save Right Pharmacy that under the Family and Medical Leave Act (FMLA) she planned to take up to 12 weeks off to care for her. Save Right Pharmacy denied Madison’s request. When Madison left work anyway, Save Right Pharmacy terminated her employment. Madison then applied for unemployment compensation so she would have income to live on while caring for her mother. Madison also applied, under COBRA (discussed later in this chapter), for continued insurance coverage through her former employer. If you were the CEO of Save Right Pharmacy, how would you handle the employment situation with Madison?
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Is Madison eligible for time off from work under FMLA?
May Save Right Pharmacy legally terminate Madison’s employment?
Given that Madison was fired by Save Right Pharmacy, is she eligible to collect unemployment compensation?
May Madison continue her insurance coverage through Save Right Pharmacy even though she has been fired from her job?
Explanation / Answer
If you were the CEO of Save Right Pharmacy, how would you handle the employment situation with Madison?
It is clear that Madison is taking this leave because she wants to take care of her ill mother and being the CEO I would have requested her to take care of her mother as she need her but I would also like to negotiate the leave she plans to take because 12 weeks of leave is quite a lot and bridging the gap that she creates will be an issue. As she is an employee of the organization for the last 5 years and has been efficient enough, so I will be considering her situation in this case but even she has to be abit flexible.
Is Madison eligible for time off from work under FMLA?
No, Madison is not eligible for time off from work under FMLA because the FMLA states that an employee has to work for atlest 1250 hours in the last 12 months of her employment. Madison works 20 hours a week and if we consider 52 weeks in the last 12 month period it is calculated as 1040 hours. So, she does not fulfill the basic criteria.
May Save Right Pharmacy legally terminate Madison’s employment?
Save Right Pharmacy may legally terminate Madison's employment because shee is violationg a norm that shee thinks is fine. If we just consider the legal aspect Save Right Pharmacy has every right to terminate the employment.
Given that Madison was fired by Save Right Pharmacy, is she eligible to collect unemployment compensation?
In this context Madison is not eligible to collect unemployment compensation because the unemployment compensation is paid to workers who have lost their job without a fault of their own. As Madison is terminated by her employer, so she is not eligible for the compensation.
May Madison continue her insurance coverage through Save Right Pharmacy even though she has been fired from her job?
yes, Madison will continue her Insurance coverage through Save Right Pharmacy even though she has been fired because under the Consolidated Omnibus Budget Reconcilation Act (COBRA) an employee who has voluntarily resigned or Involuntarily terminated will receive the coverage. The reason for termination cannot be misconduct, so Madison will continue to receive the insurance coverage.