EE's father with terminal cancer

LindaS

This situation is NOT one of my employees but I wanted to get some outside input...

EE is an eligible employee for FMLA, company also falls under FMLA. EE's father has been diagnosed with terminal cancer and she wants time off to spend with him, help take care of him, etc. EE has requested intermittent FMLA for this purpose but has been told that since she is not the primary care giver that she doesn't qualify. Is this correct?

What would you do?

SMace

I would go look on the "other" board for the tons of advice you received. xB-)

PS I would grant it IF the paperwork was in order.

LarryC

Linda, the regs say "care for an immediate family member", which he is. Whether she's "caring" for him primarily or as part of a team, I think she qualifies.

You can get technical and try and define "care", but I wouldn't. I'd accept and trust the EE saying that she will be "caring" for him and grant the leave. Plus it is just plain the right thing to do for the employee in her situation.

Whirlwind

I don't find anything in the FMLA regs that says an ee has to be the primary caregiver to receive FMLA leave. If the paperwork certifies a serious medical condition, the leave should be granted.