FMLA for adult daughter's pregnancy...

HR Jones

I searched the threads on this and the answers out there aren't exactly what I'm looking for. Hopefully someone out there has some concrete info to provide, or a lawyer could pipe in with some advice.

I have a situation where an employee has submitted a certification form to help care for her adult daughter during her pregnancy, as well as 6 weeks after delivery of her child. The adult daughter has had complications, and is on bed rest due to hypertension until giving birth (due date is in August). From what I can find on the internet, it looks like the safe thing to do would definitely approve FMLA for the mother during the pregnancy since she has a condition that warrants a need for care, and could be considered a disability.

However, what about once she gives birth? Are the complications listed on the certification form still in effect, up to 6 weeks after her daughter's childbirth?

My opinion is that the 6 weeks after childbirth wouldn't count, unless complications arise during childbirth itself, in which case a new certification form would be needed. I am leaning right now towards approving until the August due date, but then having her recertify any time needed after birth.

Any advice is greatly appreciated.

Thanks!

Doug

i agree with your approach. The FMLA is very liberal about what a disability is related to pregnancy. I also agree that prebirth and postbirth problems require different certifications. Also be sure the direct supervisor keeps an accurate log on the FMLA time. All of us tend to be "nice" and excuse some lost time without documenting it in a situation like this one.

cnghr

One thing I've heard pretty consistently with regard to hypertension during pregnancy is that it is generally "cured" by giving birth. I also agree that you should ask for different certifications for pre- and post-delivery.

stilldazed

If I understand your post, I don't think you have an FMLA situation, but for the sake of clarity I will restate your dilemma--please confirm:
1. Grandmother is your employee and has an adult child with complications during pregnacy.
2. Mother is the one pregnant, having complications, and is not your employee.
3. Mother is 18 or older, an adult.
FMLA covers a parent's need to care for a child if the child is a minor, or 18 or older and "incapable of self care because of a mental or physical disability." The DOL guide, issued 1995, goes further to discuss the definition of "incapable of sel fcare" and likens it to ADA in that it would incude an inability to two or more instrumental activities of daily living.

The mom may be on bed rest, but I don't read in what you have posted that mom is disabled by the condition, nor is there information to confirm that she was incapacitated before she turned 18, and thus an incapacitated adult. Therefore, I don't think you have an FMLA situation with the grandmother (your employee).

Please correct my interpretation of your issue if I have missed it somehow.

As an aside, if you company policy allows, you may certainly allow your worker (grandmother) to be off on leave of absence, but it is not FMLA. Giving grandmother the benefit of the doubt, of course she will want to assist her child through a difficult time, especially when the difficult time could potentially impact the health and welfare of two lives (mom & baby), but that alone doesn't qualify as FMLA. It may qualify for compassion, but take care to not let your compassion outweigh your company's policy. Rest assured, you can easily turn into a 'cold hearted Hannah' in this kind of circumstance.

best wishes.

HR Jones

Your interpretation of the situation is correct, but I have to disagree about it not being able to be considered as FMLA from what I've read about other cases.

(Look up Cruz vs. Publix Super Markets, Inc.) That case in 2005 was the same situation, except the mother giving birth did not have any complications, and the grandmother was asking to be off to help during labor and after the birth. The company properly denied the FMLA leave request, but was brought to court. The court noted that being pregnant, as opposed to being incapacitated due to pregnancy, is not a "serious health condition, and the court had no indiciation that her daughter was experience complications during pregnancy. This would lead me to believe that had the daughter been experiencing complications, the court would have ruled differently, since it did raise the fact that the daughter wasn't having complications.

Having said that, that is one of the reasons I was leaning towards just approving until birth, and then having the grandmother recertify the time to be off after the birth, which would we would be able to probably deny more cleanly.

stilldazed

Thank you for the reference. I took some time to read Cruz & some info about another more relevant case, Navarro v. Pfizer Corp.' Respectfully, I am willing to concede that you have an FMLA situation based on a couple of more details: Is there a dad in the home with mom to assist i nher care, or not available to do so? Are there other children in the home who require the oversight of an adult (and a dad is not available)?

In Cruz, the issue was the grandmother coaching during Mom's labor because Dad was unable to after a broken shoulder. The physician's stmt included that the need for Grandmother was to stand in as labor coach since he could not be there.

In Navarro, Mom was 36 wks pregnant and ordered home with high blood pressure. The ruling included that an acceptable situation to give Grandmother FMLA protection was to care for other children in the house hold since caring for children in the household an IADL.

Also, FYI, the period of incapacity in Navarro was not defined as automatically ending with the birth of the new grandchild based on the court's interpretation.

Thanks for the learning opportunity. I enjoyed the challenge and am certain I will use the info at some point.

best wishes.