Is it FMLA if family member is still in the hospital?

intabi

I am wondering if an employee's leave time can be designated as FMLA if their family member is in the hospital. Wouldn't the hospital staff be the ones actually administering the "care"? I do remember reading somewhere that providing psychological support qualifies as giving "care". Perhaps that would apply in this case?!

NaeNae55

Psychological support counts as care. If a family member were in the hospital, we would let our employee go and count it as fmla. You just have to be careful though, as when doing this you open the door another crack for abuse.

Good luck!

Nae

intabi

That was my initial take in this case also. However, I have a situation here where employees see FMLA leave (if I am designating the leave) as some sort of punishment.

I was looking for support in case this employee questions me as they did not requested the leave (I was notified by her supervisor of her absence).My practice is to designate FMLA leave any time that an employee qualifies - requested or not.

System

You're on the right track. Have you seen the thread "Waiving FMLA Rights"?
[url]http://www.hrhero.com/employersforum/DCForumID15/2151.html[/url]

Tell 'em that designating leave as FMLA protects them because you can't hold it against them in any way. For example, if they have a lot of non-FMLA absences later this year. But you're not gonna give them unlimited FMLA, so you have to keep track of it.

If they don't like it, their alternative is to keep their FMLA conditions secret and use their vacation time. x}>

James Sokolowski
HRhero.com