FMLA to Care for Parent

FunHRBanker

[font size="1" color="#FF0000"]LAST EDITED ON 07-31-07 AT 10:23AM (CST)[/font][br][br]An employee requests FML to care for a parent with cancer. Paperwork is complete and we have allowed the intermittent leave requested. I thought the leave was for taking care of the parent (dr. appointments, treatments, etc.). Now I have reason to believe she's simply going to "spend time with him", basically a visit. Is this allowable under FMLA?

What I found on the DOL site says that intermittent leave may be taken "whenever medically necessary to care for a seriously ill family member..." They go on to say that medically necessary "encompasses both physical and psychological care...will provide comfort (if the employee is there)."

This definition makes it seem like as long as the employee isn't telling everyone, "I'm going to visit my So-and-So and it's covered under FMLA," it's ok. Who determines what "psychological care and comfort" is?? I want to be consistent because we have another employee unfortunately in the same situation.

Thanks!

LindaS

Even spending time with the parent would be FMLA as long as the doctor certified that psychological care is necessary.

NaeNae55

Emotional support or phsychological care is a tough call. Chances are if you disallow this and she goes to court she will win. Depending upon other circumstances, I would probably let it go.

Good luck!

Nae

Myrna Minkoff

I agree with the previous posters that this is probably covered by the FMLA, but to answer your specific question as to "who determines what psychological care and comfort is" - the answer is the health care provider. Generally speaking, I think if the HCP is willing to certify that care and comfort is needed then it's unlikely you would prevail if challenged.

ritaanz

I, for one, do not want to delve that deeply into a person's need for FMLA. The doc says she needs to be there. That's it for me.

FunHRBanker

I agree that if the doc says yes, it's a definite yes. The problem lies in that she was telling people that she was going to visit simply to visit and taking FMLA to do so.

Thanks for your responses!

ritaanz

Does it really matter? You have a parent that has a serious illness. If she can "visit" let them enjoy each other. Whatever time they can have together is precious.

NaeNae55

Besides, when your parents are older caring and visiting go hand in hand. Illness, I am sure, falls under the same type of situation. You SAY you are there to visit, but meanwhile you make sure they are taking thier meds, their clothes and bed linen are clean, they have been eating, etc etc etc.


Nae

FunHRBanker

Fair enough, thank you.