Pregnancy leave for grandmother

gateway

I have an employee who has requested FMLA leave to go to another state to be with her daughter who is having a baby soon. She presented us with a letter from a midwife who says the daughter has been receiving treatement for various conditions, but only specified hypertension. I do not think this qualifies as FMLA leave, for one reason because the daughter who is pregnant is over 18 and is not disabled.

Am I right?

Thanks.

Down_the_Middle

Doesn't sound like FMLA to me.......

Gar

Ditto to Down-the-Middle's comment. Not FMLA.

System

You might want to consult an Ohio lawyer about this. There was a recent case where an employee wanted FMLA leave to care for an adult daughter, who was pregnant and restricted to bed because of high blood pressure. The company refused, the employee sued. The court said the daughter's short-term condition might be a "disability" under the FMLA even if she wasn't disabled under the ADA's definition. The First Circuit Court of Appeals (which covers Maine, N.H., Mass., and R.I.) said the case deserved a jury trial. The case is Navarro v. Pfizer Corporation, and it was decided in August.

If you don't have a lawyer, you could contact the lawyers who write the Ohio Employment Law Letter.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Theresa Gegen TX

FMLA could give the mother (grandmother) the right to care for her daughter, if the condition is certified by a health care professional and the mother is needed to take care of her. I would give the mother the certification form and see if she gets it back with the information.

I do not know of any requirement that the family member you are seeking leave to take care of be under age 18. Does anyone?

Good Luck!

System

Theresa,

You can find the age requirement in 29 CFR §825.113(c):

"Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and 'incapable of self-care because of a mental or physical disability.'"

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Theresa Gegen TX

[font size="1" color="#FF0000"]LAST EDITED ON 11-16-01 AT 01:25PM (CST)[/font][p]Thanks James, even after dealing with the FMLA for years, that is one I never had to look up.

Then the medical question becomes whether this pregnancy falls into the case of a disability (which is probably could if it is a medically difficult one [for example, requires bed rest]).

Theresa

HRGUYVT

Without further information you are right. The daughter would have to be under the care of physician and require the grandmother as a caregiver. Review definitions of serious health condition and medical certification of a seriousl health condition form. Do check your state laws also to see if a more generous leave policy may be in place as the most generous would supercede.