Intermittent FMLA for care of sick child

I have an employee who's 5 month-old son is in the doctor's office just about every other week with bronchitis or ear infections. The employee has averaged two missed days a month for the last 3 months. We do have an attendance policy in which over 48 hours missed in any 12 month period is considered excessive. Has anyone out there allowed intermittent FMLA leave in a situation such as this?

Comments

  • 3 Comments sorted by Votes Date Added
  • If the child's doctor can certifiy that the child has an ongoing serious health problem that requires the employee to care for the child (including providing psychological comfort, or taking the child for doctor visits or treatment), then FMLA could kick-in. Intermittent leave may be possible in that type situation.
  • Leave for the serious health condition of the employee's child must be a medical necessity -certified. The medical condition must also contain a statement that the employee is needed to provide care and an estimate of the amount of time that that the employee is needed to provide the care. The certification should also state whether the child requires assistance for basic medical, safety, or transportation needs, or whether the employee's presence is to provide purely psychological comfort that would be medically beneficial.
  • Sounds like chronic condition to me. With doctor's certification, employee would be covered by FMLA.
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