FMLA Protection to Care for Adult Child
bobo
9 Posts
We have an employee who has requested FMLA to care for an adult daughter recovering from surgery. The adult child's surgical wound has developed an infection and the employee claims a need to take the daughter to the doctor once per week (one day per week off) to get care for the daughter. Doctor has provided certificate indicating the daughter, in fact, needs the care.
Because of a long list of reasons I really do not want to extend FMLA coverage to this employee.
FMLA would cover this employee to care for her daughter if the daughter was mentally or physically disabled and unable to care for herself. This situation does not seem to qualify the daughter as as a "physically disabled" person. My question is, can I make that decision or do I have to rely on a medical practicioner to do so?
Because of a long list of reasons I really do not want to extend FMLA coverage to this employee.
FMLA would cover this employee to care for her daughter if the daughter was mentally or physically disabled and unable to care for herself. This situation does not seem to qualify the daughter as as a "physically disabled" person. My question is, can I make that decision or do I have to rely on a medical practicioner to do so?
Comments
Under Section 825.116 (a) The medical certification provision that an employee is "needed to care for" a family member encompasses both physical and psychological care. It includes situations where for example, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety or is unable to transport himself or herself to the doctor, etc. The term also includes providing psychological comfort and reassurance which would be beneficial to a child, spouse or parent with a serious health condition who is receiving inpatient or home care.
Be careful. I would probably grant the FMLA leave but before I did, I would try to get more information from the employee. Good luck!