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1 parent sick, is it FMLA

ACUACU 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee that has been taking time off to help care for her mother. There is a disagreement within our company as to if it is FMLA or not. We do not have any certification or anything yet. The problem is that the Father is still alive and able to take care of the mother, he is also the only person brining in money to the family. I'm not sure if he can't get off or if he just isn't taking off or what. But the employee would like to take the time as FMLA. Would this qualify (if we can get the statment from the Dr. stateing the mother is sick)? HELP PLEASE!!

Thanks
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  • 4 Comments sorted by Votes Date Added
  • deniseEdeniseE 902 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-02-04 AT 10:08AM (CST)[/font][br][br]The regulations clearly state the family relationships that qualify for FMLA...and as far as I know, none have been quantified by the ablility of another relative to provide the care. Edit: A child only qualifies for FMLA if there is no other surviving parent and all other siblings have taken FLMA first.

    I don't know that it is our job to determine which relative would provide the best care for someone. If the doctor certifies that the daughter is needed to care for her mother...and the ee meets all other requirements, it is FMLA.


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  • dbutton111dbutton111 165 Posts
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    >[font size="1" color="#FF0000"]LAST EDITED ON
    >06-02-04 AT 10:08 AM (CST)[/font]
    >
    > Edit: A child only qualifies for FMLA if
    >there is no other surviving parent and all other
    >siblings have taken FLMA first.

    Denise, the above confused me. A child qualifies for FMLA ONLY if all other siblings have already taken FMLA? So I can't qualify until my brother has taken FMLA? BUt my brother can't qualify if I haven't taken FMLA?

    Kind of a conundrum, wouldn't you say? :)
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  • Don DDon D 9,834 Posts
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    Wooooaaaaaahhhhhhh! Where you gettin' that at Denise? If nobody qualifies till the other does, then none of them ever do. Can you cite the section of the law for me?
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  • marcmarc 3,126 Posts
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    A person's parents are included in the definition of immediate family and therefor meet one of the criteria established for an EE to qualify for FML. Secondly, the EE need NOT be the primary caregiver to qualify for FML. EEs are eligible even if they are just filling in for another caregiver.

    You should hold out for the certification to verify the serious medical condition.
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