Child Care

benefits

A person has a special needs child, (down syndrome)and the employee's mother is the day care provider for the child. When the employee's mother goes on vacation, doesn't feel well, or has errands to run, the employee will tell her supervisor she needs an FMLA day to care for her child. Does providing backup child care for your child qualify as FMLA?

Rockie

I think the question here would be are we talking about taking leave for disabiilty or illness of the child or are we talking about lack of day care for the child?

I don't think that Downs Syndrome children ar excluded from day care facilities, so I would be hard pressed to say "yes" this would fall under an FMLA type leave. I believe the employee should just make sure she has backup daycare.

You may want to double check with your legal counsel, but if I had to guess in this situation, I would say it would NOT fall under FMLA.

Janet

I agree--I don't think that day care is what Congress intended when they devised the FMLA. (What on earth WERE they thinking, do you suppose?) Sounds to me like the lady needs to get on the ball and find some back-up day care.

Theresa Gegen TX

I guess it might also depend on how serious this child's down syndrome is. If the child needs special medical care (rather than just day care) to function, then perhaps it would be covered.

Good Luck!