another intermittent FMLA

First time poster, long time lurker: I have an employee that has intermittent FMLA for his child, she cannot go to daycare if she has a fever, I have documentation from the daycare that this is true. Can I require him to take her to the doctor if he needs to stay home with her because of a fever? He really is playing the system and the top management wants me to do something..... Not sure what I can do. Thanks for any and all advice.


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  • I'm confused (not unusual). Daycare and fever sound like usual childhood illnesses to me which would not qualify as a serious illness under FMLA. As you are talking intermittant FMLA, are you saying the child has been certified to have an illness that intermittantly causes fever?
  • I know that most day cares won't allow a child to be there while they are running a fever. But according to my understanding of FMLA, unless the fever is part of something that qualifies as a serious health condition, it wouldn't be covered. Little kids run fevers that often aren't part of anything serious, such as when they're cutting teeth, if they have a slight cold, or when they've gotten a shot.

    You say you have documentation from the day care that it's true they won't let the child in with a fever, but do you have any documentation from a doctor that states that the child has a condition that would cause her to run fevers regularly? That would be the documentation that would determine whether or not FMLA was applicable.
  • Just had an "aha" moment, you are both so right, fever is not a serious medical condition!
  • thank you, thank you, will get on that right now!