FMLA for foster child

Kai

Employee presented FMLA medical certification form this morning (12 March 2007) for medical leave to care for a child described as 'my foster child' who had open heart surgery 16 February 2007.

The medical certification form appears to be in order--signed by surgeon on 12 March 2007.

My questions are:

1) does FMLA leave extend to medical leave for a foster child?
2) can we require certification of the foster child relationship?

I am also concerned that the FMLA request was not initated prior to the surgery in February. It appears as though it was not emergency surgery, rather corrective surgery for a known heart condition. Would I be out of line asking the employee why the FMLA request was not made earlier, closer to the time of the surgery?

Kai
FMLA weary/wary in Alabama

Al Vreeland

Foster children are included in coverage under the FMLA regulations (825.113). If the need was foreseaable, you can require advance notice (825.302), but I would be extremely cautious in denying leave on this basis. It may be that the suergery was foreseeable, but the need for the foster parents' leave for care post-op was not.


Al Vreeland
Editor, Alabama Employment Law Letter
Lehr Middlebrooks Price & Vreeland, P.C.

morrisg

You had also asked about certification of the foster child to ensure the child indeed was a foster child. You are permited to make this request to verfiy that the child lives in a in a regular parent-child relationship. The child can also be declared a foster child if there is a court order establishing guardianship. I would certainly use commone sense in that you only wish to remove reasonable doubt i.e. ensure yourself this is legititmate while not going beyond a frame of reasonableness to established the foster relationship exist.