Week 5 Assignment Professor Melanie Morris October 2, 2014
Case Facts Carol Fern has been employed by Bainbridge Borough for 18 years as a tax clerk. The tax clerk position is part of the bargaining unit represented by Local 10 of the American Federation of State, County, and Municipal Employees (AFSCME). When Carol and her husband found out that she was unable to conceive, they decided to adopt a child. Let’s start off by analyzing one of the hottest topics in the United States today. Healthcare reform has become a topic with many different prospective from everyone involved weather it is the Republicans, Democrats or the tax payers. The president has an uphill battle as he aims to improve healthcare while insurance companies are fighting to keep their market share.
In this case Carol Fern leave date can begin at any time but not more than eleven weeks before her expected week of birth. She is entitled to change the date of her maternity leave in the instance that the baby is born early or if she is having complications prior to birth that requires her to be on bed rest. In either case she must notify her employer as soon as possible after birth or as soon as she is placed on bed rest. If Carol fails to inform her employer she would have forfeited her entitlement to ordinary maternity leave. The employer on the other hand has the right to insist that any of these situations be in writing and can also insist that she provide a medical certificate stating the expected week of childbirth.
The law states that in order to be entitled to adoption leave and pay you must have a child matched and placed for adoption through an adoption agency. If you apply directly to a court for an adoption order you will not be eligible for adoption leave. Foster parents are not usually eligible for adoption leave unless they go on to adopt the child and the child was