TROUBLE CHILD, SAGA CONTINUES

T · February 2006

I have previously posted on this story, but now we have a diagnosis. The child has been diagnosed as bi-polar. Does this mean that every time she is in trouble at school or with the law that she falls under fmla. Of course we have the certification from the doctor and I am assuming that bi-polar qualifies as a condition under fmla. I know doctor appointments or hospital stays would qualify, but what about other things like: she got in a fight at school and mom has to leave work, the law has been called to her home and mom don't come to work the next day or she's not taking her medicine and she runs away and mom has to take off for that? I understand that time off for fmla has to be pre-scheduled, but how do you pre-schedule time off for the above listed events?

How far can the employee take this?

Thanks.
-t

mwild3136 · March 2006

Hi T

I really feel for your employee - it's a tough situation for any parent to be in & unfortunately, having been through this same situation myself with a former employee & his child - it will drag on for many years.

As to your questions:

"...but what about other things like: she got in a fight at school and mom has to leave work, the law has been called to her home and mom don't come to work the next day or she's not taking her medicine and she runs away and mom has to take off for that?"

The short answer is: no, fml does not cover this time. Getting in trouble at school, with the law or running away is not medical treatment or a recovery from medical treatment and it would be a stretch for anyone to say otherwise. That said, it's also not okay for you as the employer, to count any time the employee has to take off to deal with these issues against the employee's fml entitlement. Hopefully, you have an attendance policy in place that addresses these issues & you are in dialoge with the employee outlining the policy.

Most of the time, I find that good communication from the employer regarding fml coverage & what could be covered or not & what other policies could come into play goes a long way. It helps with the "if only I knew" situation that employees, when faced with discipline, sometimes claim.

T · March 2006

Thanks for the reply. We do have an attendance policy in effect and said employee is aware. That is one reason we are asking if those other situations would count as fml. She is out of accrued time, which means the next absence would start our progressive discipline plan. I will talk to her and let her know that those instances other than doctor visits or hospital stays will not count as fml.

THanks.
-t

TROUBLE CHILD, SAGA CONTINUES

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