Very Basic Question - Care for Children

KP68

If an employee requests just three days off to care for a child after surgery, would this qualify for FMLA?

I guess what I'm asking is, does the child have to meet the more than three calendar days of incapacitiation or is that only for the employee?

POPEYE

Check out Section 825.116 -
It does not specify any time restrictions.

System

[font size="1" color="#FF0000"]LAST EDITED ON 05-04-04 AT 07:33PM (CST)[/font][br][br]The kid needs to have a "serious health condition," meaning the three-day test, inpatient surgery, chronic conditions, etc.

For the three-day test, babies are incapacitated all the time x:'( so surgery seems like automatic FMLA to me. But a teenager who's back in school two days after surgery, maybe not.

Good luck.

James Sokolowski
HRhero.com

WO

One overnight stay in the hospital triggers FMLA to include any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

( Form WH-380 from DOL)