FMLA Request

A first for me - ee has requested FMLA to attend to daughters orthodontist appts while she is getting braces? Are we required by law to permit this as a legitimate need to care for a child? It does not seem to fit the "needed to care for" a family member to me. We have a no fault attendance policy and I think the ee is trying to get away from using up these hours - ee's are allowed to miss up to 64 hours in an attendance year (7-1 through 6-30).

Comments

  • 4 Comments sorted by Votes Date Added
  • >A first for me - ee has requested FMLA to attend to daughters
    >orthodontist appts while she is getting braces? Are we required by
    >law to permit this as a legitimate need to care for a child? It does
    >not seem to fit the "needed to care for" a family member to me. We
    >have a no fault attendance policy and I think the ee is trying to get
    >away from using up these hours - ee's are allowed to miss up to 64
    >hours in an attendance year (7-1 through 6-30).




  • > >A first for me - ee has requested FMLA to attend to daughters
    >>orthodontist appts while she is getting braces? Are we required by
    >>law to permit this as a legitimate need to care for a child? It does
    >>not seem to fit the "needed to care for" a family member to me. We
    >>have a no fault attendance policy and I think the ee is trying to get
    >>away from using up these hours - ee's are allowed to miss up to 64
    >>hours in an attendance year (7-1 through 6-30).



    The daughter getting braces would not be a serious health condition for purposes of the FMLA. Therefore, you should be safe in denying the leave.

    Gary D. Jiles
    Editor
    Arkansas Employment Law Letter
    Jack, Lyon & Jones, P.A.
    3400 TCBY Tower
    425 West Capitol Avenue
    Little Rock, Arkansas 72201
    (501) 375-1122
    [email]gdj@jlj.com[/email]


  • Thanks Gary this is my opinion too.
  • My vote is that the ee is not eligible for FMLA for her child's orthodontia visits. Oral surgery may be another situation altogether. I can understand a parent wanting and needing to be there, but I don't think FMLA was intended to cover this. Perhaps I am wrong but I don't view braces and related visits as a serious health condition.
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