Daughter Gives Birth

Don D

I've given the ee the FMLA paperwork and explained the necessity for the doctor's certification, so that's pending, not to mention untimely. Hourly Ee misses three days work at hospital due to his seventeen year old dependent daughter giving birth. He felt a need to be there, like I would if it were my daughter (there but for the grace of God...). I don't see this as FMLA qualified but the special wrinkles come in with the fact that she is his dependent and she's still laid up in the hospital. How about a few cautionary signals from you guys or if you've had this one, how about a roadmap.

Margaret Morford

Don D,

Why wouldn't this be FMLA if the minor child is in the hospital? If the doctor will certify that Dad is needed to care for her, I think you have to grant FMLA (maybe even up to 6 weeks if the doctor will certify). I am assumning this child is not emancipated by marriage, dropping out of school, etc.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Down_the_Middle

I don't think there's much question here. A bona-fide dependent with a bona-fide illness equals FMLA. While I understand your reluctance to "subsidize" this "illness", I don't think FMLA ever intended to differentiate between a minor child having a baby and another serious illness. It's FMLA all the way in my book!

Don D

Its a done deal now. After several attempts (HR contacting the physician's office),we got the paperwork from the Dr and approved 4 days of absence. I guess what chapped me more than anything is that the employee works 3rd shift and says now that he was not even at the hospital during those hours. He had 4 approved absences 11pm until 7am to offer "support" during her extended stay, at the dr's suggestion, and he was not even at the hospital. He could easily have worked his shift, spent 8 hours at the hospital each day, gone home to sleep and come back to work and we would have saved 16 hours overtime. Oh well....it was just 4 days.

ritaanz

I'm in your corner, but there are times when you have to bite the bullet and go with the flow.

Don D

You won't believe how this one turned out eventually. We 'bent over backwards' in working with the ee and his approved FMLA. Soon as his FMLA event ended, he missed three (paid) days due to the death of his grandfather. Our contract requires production employees to bring in proof of death and relationship, generally a document from the funeral home, in order for us to grant the leave and pay the three days. Our payroll department suspected the document from the funeral home was fraudulent (wonder if the fact that the letter contained eleven mispelled words had anything to do with it?) and made a few verification phone calls. Come to find out there is no such funeral home as 'Maverick' (how creative), there is a Myrick Mortuary in that city, and the number listed on the document was the ee's cell phone. Just so happens that these three UNEXCUSED absences caused his termination! I got notice yesterday that he's appealing the UI decision on his claim. The hearing ought to be a blast when I produce the funeral home document as reason for termination.

ritaanz

With his creativity, he should be promoted into the Marketing Department.x:P

Paul in Cannon Beach

I usually don't visit the FMLA forum but with such interesting threads as the one above I am going to have to drop by more often.

There are so many things wrong with faking gramps death certificate that its just hard to know where to start...

[email]paulknoch@hotmail.com[/email]

Rockie

Seems the more "perks" the government grants employees, the more creative they become at trying to get more and more! These are the reasons that HR people turn into cynics!