FMLA Leave to care for children

Vickie

We have an employee whose spouse is in the hospital. He claims to have no one to care for his children while she is in the hospital. Is he eligible to apply for family medical leave?

FunHRBanker

FMLA is for the care of a family member with a serious health condition (among other things). If he's taking it to care for his wife ,and it's certified by the doctor, yes. Taking care of the children is not a serious health condition.

Sharon McKnight SPHR

[quote=Vickie;722688]We have an employee whose spouse is in the hospital. He claims to have no one to care for his children while she is in the hospital. Is he eligible to apply for family medical leave?[/quote]


I know I'm a bit late responding to this thread, but does your company offer personal leaves of absence? That could be the solution.

Sharon

Vickie

Sorry, I'm a bit late getting back to this. Thanks for your responses. My response to the employee was the same as the HRbanker's. However, he could potentially use his sick leave, since it it to care for his immediate family while his wife is in the hospital.

Thanks

FunHRBanker

Very generous of you. We would allow the employee to use vacation or personal time, but probably not sick time.

joannie

I've actually seen this stretched a bit. Providing mental comfort to a seriously ill spouse can qualify for FMLA. The healthy spouse caring for the children would relieve the stress of the seriously ill spouse caused by worrying about the children. I would probably allow it, rather than have to defend against it not allowing it in front of a crafty employment law attorney. Just my two cents.