John Harrison is the owner of Harrison Enterprises, Inc., a small metal fabricat

Question

John Harrison is the owner of Harrison Enterprises, Inc., a small metal fabrication shop located in Poughkeepsie, New York. Andrew Jameson, an employee of Harrison Enterprises, has approached John with a request. Andrew is the proud parent of a newborn son, and he would like to take the next two (2) weeks off from work in order to “bond” with his new child. John knows that Andrew does not have any accrued vacation time (shortly before his son was born, Andrew had taken a final “two-person family” trip to Florida with his wife, Sara). He also knows that Harrison Enterprises is not legally required to comply with the Family and Medical Leave Act (FMLA), since the company only has seventeen (17) employees (FMLA mandates that businesses employing more than fifty people provide their workers with up to twelve weeks’ unpaid leave every year for a host of specified reasons, including the birth of a child).

John wonders whether his company has an ethical obligation to comply with the “spirit” of the Family and Medical Leave Act, even though he does not have a technical, legal obligation of compliance. Advise John whether his company has such an ethical obligation. Should John Harrison allow Andrew Jameson to take his requested two (2) weeks of leave from work?

Explanation / Answer

It is correct that John does not have any legal or technical obligation to grant Andrew leave. However, there are a few things to consider.

1. The organization has only 17 employees. Granting a longer leave to Andrew means increased workload for the other employees.

2. The team is considerably small and in such teams it is important that every employee performs their duty with high morale. Otherwise there is a possibility of negative impact on the performance of the entire organization

3. While there are not legal obligations, in such a small team it is important that there is a mutual respect and care between the employer and the employees. Also the employer has a moral obligation for the welfare of the employees.

Considering the points above, I would advise John to grant Andrew the leave. At the same time, I would ask him to explain the situation to him and expect his loyalty and hard work towards the organization once he returns.

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