FML

seeleyhr

Have an employee who just notified me that she is taking "grief counseling" for her 2nd husband's suicide and will be missing 4 hours every other week for this counseling. She is able to do her job without any problems. She has used this reason for two other times missing work without informing the company of the reason until this last time.

Does this qualify for FML and should I go back and count the other two times as FML if it qualifies.

Down_the_Middle

Unless this person's current physical/emotional condition qualifies as a serious medical condition (which warrants counselling)AND until the condition prevents her from doing the essential function of her job, I would not be inclined to treat this as FMLA. While the counselling may be absolutely justified, it may not be eligible for FMLA protection.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 12-30-02 AT 04:09PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 12-30-02 AT 04:05 PM (CST)[/font]

I mostly agree with D-T-M. The relationship of the deceased won't be relevant. But, the seriousness of her debilitation and requirement for counseling as determined and stated by a physician might. It would be the same as if the death of a close friend or neighbor might throw one into an FMLA qualifying medical situation with a need to attend counseling. I would think it might be intermittant though. And I'm sure you're considering the possibility that she may be diagnosed with ADA qualifying depression following this. I think it would be proper for you to 'back up' and count the earlier absences related to this particular situation as FMLA and of course advise her in writing that the FMLA clock started then (if her remarks and those absences are consistent with the doctor's certification)?

Pork

Dandy Don and D-t-m are right again. Get the physician's certification and her application for consideration of FMLA. Go from there! Pork

seeleyhr

Thanks, I have asked for physician certification and have asked that proper paperwork be completed inasmuch as she is requesting FML.