FMLA--Travel to Care for a Parent
JEP123
34 Posts
An employee's mother was seriously ill an hospitalized for 10 days. The employee travelled to the state where her mother lives (approximately 4 hr flight) and cared for her mother during and after the hospital stay. Upon her return to work, a fellow HR professional informed the employee that the time spent travelling to and from her mother's town would not be counted as FMLA, could not be covered by sick leave, and the employee would have to use vacation time to cover this time. I disagree. The employee was legitimately travelling to care for her mother's serious health condition and provided all supporting documentation. I've never before heard of anyone taking this stance. I've gone back and re-read the actual regulation as well as searched the internet, but I can't find any objective information to back my opinion. Any thoughts?
Comments
Let’s say the parent lived across town. Would the travel time back and forth to the parent’s home be deducted? Would the travel time to get medicine be deducted? How about if the employee went to the grocery store to get food? What if the employee simply drove to the park for a short time to clear their head? My point is that it is quite easy to illuminate the foolishness of such a position.
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Once an employee qualifies for FMLA and is using that time with activities that one would reasonably be associated for caregiver issues, we cannot place ourselves in a micro management position of that time. There is no allowance under FMLA to do what your colleague has done. In fact the company may find itself facing an action for interfering with the employee’s FMLA rights.
EDIT
It may be that your colleague is confusing travel time as it relates to an employee traveling for work purposes. Not the same thing at all. Headed for trouble.
[quote user="JEP123"]I agree with you 100%. Do you know of any case law, opinion letter, etc that supports this? I've looked at all of my resources and searched the internet, but can't find anything concrete. BTW, we are in WA state and our Family Care law specifically states that an employee may use paid sick or vacation (their choice which) for the care of a parent.[/quote]
I have not read any specific case law or opinion letter in this matter. Remember that if case law does not exist; if a particular statute does not exist that does not mean that an HR person may now reinterpret well established practice under public policy. Has this practice been consistently carried out for other employee absences for sick leave or FMLA absences for other reasons? If not there is a big problem.
Here is a question that may need answering by your company. Since there is no known, at least by us, case law for such an action, since there is no allowance for such an action under FMLA and finally since the action seems to contradict what your state law says and what public policy would dictate, does your company want to be the one that goes to court to establish that case law?
I, (we) must be missing something because I can't grasp any reason for the HR person to do what is being done.