›

FMLA Request

maryfmurraymaryfmurray 75 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an EE who has requested FMLA. The First situation is the EE's immediate family member is having surgery out of state in a couple of months and the recuperation period will be approximately 2 weeks. The EE would like to go and help out because the spouse of the family member is crippled and unable to care for the family member having the surgery. Is this considered a qualifying event under FMLA since the family member having the surgery is immediate?

Second Question, same EE. The step-parent may possibly be having open heart surgery within the next couple of weeks. Are step-parents considered immediate family members and can this EE request FMLA here also or should the EE be using their Family/Sick Leave only?

I am in the process of working with this EE and want the best benefit possible. Any guidance here will be helpful!

Mary


Share on Facebook Share on Twitter

Comments

  • 4 Comments sorted by Votes Date Added
  • mwild31mwild31 1,441 Posts
    PMVote Up0Vote Down
    Look to see if your company policies are different, but, and I'm quoting from the latest FAQ section from the DOL, "An employee's spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. Ther term 'parent' does not include a parent 'in-law'." Does your company offer personal leave?
    Share on Facebook Share on Twitter
  • maryfmurraymaryfmurray 75 Posts
    PMVote Up0Vote Down
    Our company does offer Family/Sick Leave under the condition that the care provided by the employee is indispendensable to the family member's well-being.
    I would agree with the step-parent situation, the ee should be using our leave policy but under FMLA are brothers and sisters considered immediate family members?

    The trip out of state is to care for a sick brother and the spouse is crippled, does this not qualify either?
    Share on Facebook Share on Twitter
  • LindaSLindaS 1,510 Posts
    PMVote Up0Vote Down
    Unless you have state FMLA laws that differ from the federal, caring for a sick brother would not fall under FMLA but you may want to look at allowing this leave, with backup documentation for the need for the leave, of course.
    Share on Facebook Share on Twitter
  • mwild31mwild31 1,441 Posts
    PMVote Up0Vote Down
    Brothers and sisters, again quoting from the same source, are not covered. A word of warning. The state I'm in, Washington, has their own set of rules that apply in these situations (much more lenient). They either augment or supercede FMLA. Check with your state to see if their rules allow for brothers and sisters. In fact the M. Lee Smith folks that write your state's law letter may be able to help (at least that's what I saw in another thread).
    Share on Facebook Share on Twitter
Sign In or Register to comment.