PA 752

Public Administration and the Law

Fall 2008

Short Paper Assignment # 2

Due Nov. 10

Applying a Statute to a Work Situation

The Family and Medical Leave Act (Public Law # 103-3) was passed by Congress and signed into law in 1993.  The following incident occurs at your workplace:

Joella Smith has been employed as a licensed radiation therapist in the Department of Radiation Oncology at your Hospital since 1981. In 1987, she was promoted to the position of Chief Therapist, which involved both treating patients and supervising staff, among other duties.  In early 1999, she developed symptoms of depression associated with menopause and frequently missed work as a result.  Subsequently, her supervisor, Brenda Wyman, removed her from direct care and staff supervision duties.  Smith completed a request for leave in accordance with the FMLA, provided medical certification, and was officially granted leave from Nov. 22, 1999 to Jan. 4, 2000.

When she returned to work, Wyman repeatedly assigned her to duties other than treating patients.  Later that year, all department heads were told to find positions to cut in light of a hospital-wide budgetary shortfall.  Wyman and her supervisor determined that the position of Chief Therapist could be cut because it did not involve patient care.  Subsequently, another member of the staff was designated as chief therapist.

Smith is threatening to file suit against the hospital alleging violations of the substantive and anti-retaliation provisions of the FMLA.  Some of her co-workers have suggested that while Smith was on leave,  Wyman complained that, “This family medical leave is too much work” and that Smith’s decision to take time off was as good as abandoning her job. 

Smith is claiming that the hospital has deprived her of her substantive rights by not returning her to the position she held prior to taking FMLA leave, or to an equivalent position.  She alleged they retaliated against her by terminating her because she took the leave. 

Before seeking outside Counsel, the Hospital Director wants your assessment of the chances of Smith prevailing in Court.  To make this judgment, you need to determine three things: Under the FMLA

(1)   Does Smith meet the definition of employee?

(2)   Does the hospital meet the definition of employer?

(3)   Was Smith entitled to leave?

(4)   What was the hospital’s responsibility once the approved leave ended?

Smith is also threatening to hold Wyman personally liable for violating her rights under the FMLA.  The Director also wants to know:

(5)   Under the definition of employer, can an individual supervisor be held personally liable? [Note: this is not explicit In the Act—you will just need to make a reasoned judgment based on what the Act does say.]

Your task is to write a memo to the hospital director with your assessment as to the answers to these questions. Your response should specifically quote relevant sections of the U.S. code (which you need to find using Findlaw.com), and cite the specific parts of the code you are quoting.  The memo should be 3-5 pages, double-spaced.