Just another FMLA question...

nohr4u1yr

Please read below - this is an email I received from one of my employees. Would you grant it? What documentation (if any) do I need to validate her as the caregiver. (I know you can have more than one FMLA case at a time)


"The last two weeks I have missed time from work due to my grandmother being sick and having surgery. The question that I have for you is can I have two FMLA cases or not because I'm her primary caretaker and she lives with me. Right now I'm covered due to my daughter's illness, but I wasn't sure if you could have two cases. Will you let me know."

Don D

It's not important how many 'FMLA cases' an employee has going on simultaneously or during the 12 month period. What's important is the 12 week limit. I suppose I could be on FMLA caring for my daughter, caring for my mother and because of my own serious medical condition almost concurrently, or at least back to back.

But, grandparents are not covered in the language of The Act. In fact, the specific language limits an employee to absence essential "...to care for the employee's spouse, son, daughter, or parent with
a serious health condition". Even though this employee is the 'caregiver' for the grandmother, it's not covered in The Act.

nohr4u1yr

Thank you Don!

pork1

NOHR4U1YR:

I would get the documentation for both and I would consider to let them run concurrent. In no way would I consider to let them run the course for greater than a total of 12 weeks. If the wonderful caregiving goes beyon the 12 weeks, then we would seperate our employer/employee relationship and terminate the employment.

I bet this person is looking to extent the 12 weeks by having one run the course and be protected while the other runs its course.

PORK

marc

There are some ways that a grandparent can be qualified. It would be similar to the way a nephew, neice or foster child could create the relationship. How formalized (read how well documented) the relationship needs to be is a question in my mind, but the possibility exists.

Still, the 12 week limit applies to all cases during your year, just as both have stated.

Geno

.....a person standing in loco parentis

geno

Don D

29 CFT 825.113 defines in loco parentis as:

1) ...a child of a person standing in loco parentis, who is either under age 18, or incapable of self care because of a disability.

or

2) ....include those with day-to-day responsibilities to care for and financially support a child or who had such responsibility for the employee when the employee was a child.

If it includes grandparent, the act doesn't mention it and goes to great length, it would seem, to restrict it solely to a child.

I could of course be wrong, but the FMLA doesn't seem to contain language opening it up to caring for assorted types or relatives or others for whom daily care is being given.