Employee's parent needs help while on vacation

deliberator

An employee has asked me for FMLA paperwork because his father, who is in a wheelchair, and his mother, who he says is not in the greatest of health, are going to San Diego to visit family and would like their son to accompany them on their week-long visit. I gave him the paperwork to have his father's physician fill out but isn't there something in the regs that would not make this a qualifying event? The father may have a qualifying condition, but is accompanying them on vacation a qualifying event?

LindaS

I seem to remember a case wherein an employee wanted to take time off work to assist his spouse while she went out of town to visit family members. If I remember correctly, the decision in this case was that the employer was correct in denying the employee's FMLA leave request because the intent of the regulations regarding the assistance provided to a family member with a serious health condition does not extend to assisting them while they are on vacation. Hopefully someone will remember the exact case to assist you further.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 01-19-04 AT 07:05PM (CST)[/font][br][br]An ongoing disability or restriction to a wheelchair does not constitute a serious medical condition under the FMLA. I would deny the request. An 'attendant' which is what the employee would be considered, is not suggested under FMLA, unless there is a qualifying medical condition, a serious one, and the employee's presence is required, not just convenient. I think convenient is the operative word. Vacation is not a medical procedure nor a legitimate a medical 'course of treatment'. Vacation isn't covered. But, it gets an 'A' for the novel request of the quarter.