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Caring for kids

Michelle CroweMichelle Crowe 17 Posts
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We have an employee whose wife has multiple kidney stones. He has returned completed FMLA paperwork from the Dr., but he is almost always missing time because of caring for the children (that his wife is supposedly unable to do).

Has anyone had this problem before, or have any suggestions on how to handle it?
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  • 10 Comments sorted by Votes Date Added
  • IrieIrie 482 Posts
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    As far as I understand the law, watching children is not an approved condition under FMLA. If he needed to take his spouse to doctor appointments, provide psychological comfort, or care for her everyday needs then it would be covered. However, childcare is not.

    Is my interpretation incorrect all you FMLA gurus?
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  • NaeNae55NaeNae55 3,243 Posts
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    I thought it was covered under this kind of circumstance. By caring for the children he is relieving his wife's mind and allowing her time to recuperate. It's a stretch, but it seems like I heard of it working in some court case long ago.

    Can anyone who knows chime in?
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  • IrieIrie 482 Posts
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    Nae: It wouldn't surprise me if it were allowed looking at it from this perspective. How much farther can we stretch this entitlement?
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  • LindaSLindaS 1,510 Posts
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    No this would NOT be FMLA. FMLA is for him to provide care to HER, not the children. While I can see where someone would want to stretch the FMLA to cover this, I would not. The children are healthy.
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  • WhirlwindWhirlwind 882 Posts
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    I agree, Linda. FMLA does not cover child care beyond the newborn/newly adopted bonding stuff. Even if you wanted to really s-t-r-e-t-c-h FMLA to say that caring for the children was for the sake of the mom's health, you'd be going down a very slippery slope with that precedent.
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  • Dutch2Dutch2 1,590 Posts
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    I too agree with Linda. I would hate to open up that box....
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  • NaeNae55NaeNae55 3,243 Posts
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    I bow to your superior knowledge. No childcare.


    Nae


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  • Michelle CroweMichelle Crowe 17 Posts
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    Thank you everyone for your assistance!

    Has anyone dealt with this sort of thing before? We are considering having him take the paperwork back to the doctor, requesting specifically how and when he is needed to care for his wife.

    Any other suggestions on how one would go about enforcing that he was not taking leave to care for his children???
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  • NaeNae55NaeNae55 3,243 Posts
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    If you have a doctor's certification that he is needed then you don't need anything else. You may suspect he is cheating, but don't assume so. If someone brings you proof that he is cheating, then you can proceed from there. I wouldn't assume he is or check on him to make sure.

    You may feel you need a 2nd opinion, and that is allowed. But I would be very careful about doing it. The risks of you losing a lawsuit compared to him cheating a little don't even compare.


    Good luck!

    Nae

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  • ritaanzritaanz 2,665 Posts
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    I am sitting here wondering what my husband could possibly do to help me with my kidney stones. About the only thing I could come up with was hold my hand.

    The wife obviously is incapable of taking care of the children because she probably is in pain. I bet the guy would rather be in work than home with his younguns. We all know FMLA is not intended for baby sitting but in the real world that happens in disguise.

    Let the woman pass her stones, let the guy keep the kids away from her and everytbody lives happily ever after.
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