fmla for an ee's minor child

hrdpfeffer · February 2004

Hello Everyone,

I need anyone that can give me guidance on this issue. We have an employee who has a dependent child (under the age of 18) that is pregnant. Our ee wants to take FMLA for her daughter's childbirth and for 2 weeks after the delivery to help care for her daughter and the baby. Would that be covered?????

Thanks in advance for any help you can give me.

juju · February 2004

I have seen similar posts on the forum about this topic. I don't think minor children were involved, but (I'm trusting those who know more about FMLA will correct me if I'm wrong) I don't think that matters. If the birth is uncomplicated, the mother could use any benefit time she had to spend time with her daughter and bond with the new grandchild. I don't think that scenario would fall under FMLA (since only parents are eligible to take FMLA to bond with their infant). If, on the other hand, there were other issues leading to a serious health condition for the teen mom, the grandmother could be eligible under FMLA if she was needed to take care of her daughter. Chances are, though, that the daughter's doctor will say mom is needed regardless - just from my experience.

Don D · February 2004

I agree.

psrcello · February 2004

Here's another way to look at it. Any period of incapacity due to pregnancy or prenatal care is considered a serious health condition under FMLA. Therefore, at least during the actual childbirth process, the young mother is certainly incapacitated by pregnancy.

Once the pregnancy has been delivered, does she remain incapacitated by pregnancy? In most cases, doctors will certify up to four weeks of incapacity for a normal delivery, and up to six weeks for a c-section.

Granted, she's no longer incapacitated by the pregnancy per se, but the incapacity is the direct result of having been pregnant and going through the process of childbirth.

We have consistently allowed employees to take FMLA to attend to a minor daughter's pregnancy, childbirth, and subsequent incapacity.

Somebody (Don D?) want to shoot me down on this? I'm listening!

Don D · February 2004

I'm not going to shoot you down, but, I will say that if you allow FMLA under that scenario for the parent of a minor child, the same would apply for the parent of a non-minor child or the employee-spouse of a woman who has 'delivered'. FMLA is based on medical condition and relationship, not marital status.

psrcello · February 2004

For the employee-spouse, true - however, in that case, the employee-spouse would be eligible for FMLA anyway, based on the birth of the child.

For a non-dependent child, if over 18 years old, only if the child in "incapable of self-care" - which isn't the same as "incapacitated". (I get into this debate frequently with new grandparents who want to take time off when their 20-something daughters have babies.)

Don D · February 2004

What's the difference in 'incapacitated' and 'incapable of self care'? In neither event can the individual care for her own personal needs and both conditions are FMLA qualifiers, more than likely.

psrcello · February 2004

"Incapacitated" means inability to work, attend school, or perform other regular daily activities due to serious health conditions. "Incapable of self-care" means that the person requires active assistance or supervision to provide daily self-care in three or more of the "activities of daily living" or "instrumental activities of daily living", which include grooming and hygiene, bathing, dressing, eating, cooking, cleaning, etc.

One can easily be incapacitated (unable to work) but still capable of self care.

System · February 2004

Maybe someone else has already said this in a different way.... The way I see it, giving birth is automatically a serious health condition under FMLA. And a parent definitely gets leave to care for a minor child with a serious health condition. The only question is how long the serious health condition lasts. Unless I'm missing something.

James Sokolowski
HRhero.com

marc · February 2004

Has the question morphed from caring for a minor child after childbirth to an adult child after childbirth?

I admit I am getting confused.

The minor child issue question is very straightforward and has been covered. Is the incapacity of the adult child after giving birth, who is normally capable of caring for herself, now the issue?

hrdpfeffer · February 2004

Thanks for everyone's help on this issue.

Sorry it took me so long to respond.

Donielle

HR in VA · February 2004

What about the "psychological comfort" aspect of caring for a family member?

fmla for an ee's minor child

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