another intermittent FMLA

Marla

First time poster, long time lurker: I have an employee that has intermittent FMLA for his child, she cannot go to daycare if she has a fever, I have documentation from the daycare that this is true. Can I require him to take her to the doctor if he needs to stay home with her because of a fever? He really is playing the system and the top management wants me to do something..... Not sure what I can do. Thanks for any and all advice.

NaeNae55

I'm confused (not unusual). Daycare and fever sound like usual childhood illnesses to me which would not qualify as a serious illness under FMLA. As you are talking intermittant FMLA, are you saying the child has been certified to have an illness that intermittantly causes fever?

cnghr

I know that most day cares won't allow a child to be there while they are running a fever. But according to my understanding of FMLA, unless the fever is part of something that qualifies as a serious health condition, it wouldn't be covered. Little kids run fevers that often aren't part of anything serious, such as when they're cutting teeth, if they have a slight cold, or when they've gotten a shot.

You say you have documentation from the day care that it's true they won't let the child in with a fever, but do you have any documentation from a doctor that states that the child has a condition that would cause her to run fevers regularly? That would be the documentation that would determine whether or not FMLA was applicable.

Marla

Just had an "aha" moment, you are both so right, fever is not a serious medical condition!

Marla

thank you, thank you, will get on that right now!