Counting consecutive days.

1614304

An employee misses Friday due to a child with a broken arm, the employee is scheduled off on Saturday, Sunday, and Monday on Tuesday the employee returns to work. Under a serious health condition means:
A period of incapacity of more than 3 consecutive calendar days.
Are unscheduled days counted toward the 3 consecutive days needed to qualify?

Margaret Morford

One thing you might consider is whether a broken arm is a serious medical condition before you even begin the count.

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

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 01-24-03 AT 12:47PM (CST)[/font][p]I think you will find, in this case, that a doctor's certification indicating an inability to perform any work or school for more than three days will meet the definition of a certifiable FMLA condition. It definitely will require a visit to a physician or hospital and a treatment plan and one or more repeat visits to the doctor and a day or so out of work or school, perhaps more. And also that a child who has this condition and has been taken out of school or work for the required number of days will qualify the parent as being needed to care for the personal/physical/emotional needs of the minor family member. Or at least that's been my experience. As far as the counting, it's my understanding that the consecutive days applies to calendar days without regard to whether or not they were scheduled as work days. Otherwise, the employee who is incapacitated for 6 days because of a car wreck but was not scheduled to work the first 4 of them, would not qualify for FMLA. I don't think that's the intent of the act. On the other hand, when we count down the days taken against the 12 week period, we count only work days, so that in our case a week missed on FMLA is 5 scheduled workdays, not seven days.

LindaS

I agree with Don in that the days off do not necessarily have to be work days but rather calendar days, at least that's how I do it.