FMLA and Make A Wish

robbare · September 2002

Can an employee use FMLA time to take his terminally ill son to Disney World through the Make A wish foundation?

Don D · September 2002

I'd find a way to make it work. If an general practice M.D. won't certify it, a psychiatrist will.

PAhr · September 2002

29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member?

Section Number: 825.116
Section Name: What does it mean that an employee is ``needed to care for'' a family member?

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(a) The medical certification provision that an employee is ``needed
to care for'' a family member encompasses both physical and
psychological care. It includes situations where, for example, because
of a serious health condition, the family member is unable to care for
his or her own basic medical, hygienic, or nutritional needs or safety,
or is unable to transport himself or herself to the doctor, etc. The
term also includes providing psychological comfort and reassurance which
would be beneficial to a child, spouse or parent with a serious health
condition who is receiving inpatient or home care.

The Make A Wish Foundation grants a child's dying wish because some people believe that these things can actually help a child physically and even if it adds only a few days to his life then it was all worth it. The trip could be considered necessary and in turn the father would need to accompany him. I think this would apply because the father is trying to give his son "psychological comfort". If anything you can use this clause in the act to justify giving him the time off. Hope it helps.

Gillian · September 2002

Yeah. This is one where you just do it.

vmiller MO · September 2002

I disagree that you are necessarily legally required to grant FMLA under these circumstance, but I would just do it.

Don D · September 2002

I think we all might agree that if this were a case where the employer wanted to find a way to NOT put the ee on FMLA, there would be a way to do it. I thought the post was more related to finding a way TO do it. My suggestion was and is that a medical professional (perhaps psychiatrist or phd psychologist) simply state that the trip is for the boy's mental, emotional and physical wellbeing and the mother's presence is necessary for that outcome. Nobody could challenge the legality or morality of that.

bsa · September 2002

Even if you could not find a way to justify FMLA, I think you would want to allow the time away from work. It's the RIGHT thing to do [u]and[/u] you would do it for anyone else in your organization with the same circumstances. My company certainly would.

Renie · September 2002

I think approving this trip as FMLA leave is a bit risky. To be safe I would ask for a medical certification from the Make a Wish Foundation. Just because you know the reputation for this foundation as being psychologically curing doesn't mean it is the case for all organizations or foundations employees may be using to help take care of their ill children. Set the standard now to avoid problems in the future.

Don D · September 2002

the Make-A-Wish people I'm familiar with are not qualified to issue a medical certification, rather they collect donations and grant wishes. It will require a statement from the child's treating physician or another medical officer familiar with his diagnosis. It will be extremely easy to get the certification.

Pork · September 2002

I am on board with "just do it"! Anytime you can go one better than the law you pick up a real plus with the employees. We employees tend to love our company more when we can tag our company as "real caring for the employee". Our FMLA program is laid out in accordance with the law that PTO, vacation, and or sick time must be used in the first two weeks before the remaining ten weeks takes place, anyway. If he did not have any PTO time I would authorize it myself and give up the few days leave of mine, if that was important to some off the wall character. Glad you asked, Pork

FMLA and Make A Wish

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