FMLA for recurring "female problems"

Rockie

Have any of you ever had requests for FMLA using "female" problems as a chronic health condition requiring periodic visits. It appears on the surface to meet the qualifications, but I sure hate to open up a can of worms on this.

Don D

God protect the MAN who jumps in here on this one! I think it would not qualify as FMLA if the periodic events are things like cramps, bloating, normal plumbing problems, headaches and pms. Surely Congress had some mental limitations on what they intended to be the bounds of this Act. (Let me run get my hard hat).

Rockie

Don....I thought I could depend on you to reply to this one! This is the "can of worms" I was referring to. I understand that George Dubya is going to attempt to reform Labor Law and part of the FMLA dealing with serious health conditions is on the agenda. I hope that he and Congress (in their infinite wisdom) can come up with something easier to administer than this mess we have now!

My thoughts are...if it involves a physician prescribing some type of ongoing treatment for the same type of chronic condition, then it may qualify...but most of this stuff is just life...

I'm just waiting for men to jump on the band wagon with all their "plumbing problems".

Don D

Not to diminish the value of a serious posted question; but, don't forget that the previous president, on intruction of his spouse, attempted to broaden FMLA to include pets and school plays.

watrsflo

[font size="1" color="#FF0000"]LAST EDITED ON 02-06-03 AT 01:17PM (CST)[/font][p]You mean pets don't count? O=*
What's this world (of entitlements) coming to?

On a serious note..., I'm no plumber, but if the facts fit the criteria, then it is likely to qualify. This is one where the physician's Certification is crucial. I certainly wouldn't want to make the call by my lonesome self....

Don D

That's why I said 'normal' which equates to 'routine' which equates to 'does not meet definition of 'serious illness'.

SDDCHR

Keep your hard hat on Don...I'm sure the flack is coming! Rockie, I understand what you're saying that "this stuff is just life" but I would definetly get a certifcation or better yet, if they're going to be taking sick leave for their "female problems" anyway, then why not go ahead and put them on intermittent FMLA. Assuming that there are legitmate problems that are accompanied by a doctor's note. It could be something that requires continuing treatment by a healthcare provider and would fall within the FMLA guidelines. But then if it is your everyday bloating, cramps, pms, headaces (as Don put it), then I would say no FMLA.

Renie

It seems to me that almost every FMLA case is "a can of worms" these days! I find myself having to question more and more what is allowable under the FMLA i.e. migranes, elective procedures. In your situation I would try not to address this as a "female problem" case, but to focus on the medical certification and treatment requirements for your employee. If your employee is in need of repeated treatment and has proper certification, I beleive he/she has every right to FMLA leave. How can we argue that "female paines" are on a different level than any other pain the employee may be experiencing. I vote that if a doctor certifies it and it seems to be a legit request to you ( you could always ask for a second opinion), you should approve the protected leave.

Don D

Renie: I have always tried to argue that 'female pains' are no different from 'male pains'. My wife has told me more than once that I know not of what I speak since she's been through the deliveries. Can I tell her now that you said they are all the same?

Renie

Don,
While my degree is in Psychology, I don't believe I should be giving advice that could affect your relationship with your wife! But if I were you, Don, I would not approach your wife with such a satement, only because she may be willing to help you better understand what her pain feels like!

My point is that as somepeople, including men, have debilitating migranes, some women have debilitating menstural cramps that require ongoing treatment by a physician.

Renie