Marital Conflict

MSwanson · June 2004

I received a FMLA form for marital conflict and the employee needs intermittent leave for 3 months for counseling. I want to deny because marital conflict is not a medical diagnosis. The employee is in the process of a divorce. My supervisor thinks she read somewhere that this should be covered under FMLA. I looked through the regs and was not able to locate anything saying this should be approved, any thoughts or does anyone know where to find this information?

Thanks Michelle

Don D · June 2004

I have just re-read the entire text of 29 CFR 825.114, "What is a serious health condition entitling an employee to FMLA leave?" I do not see by any stretch that marriage counseling fits anywhere at all, not remotely, not maybe, not perhaps. Unless the counseling is due to a diagnosed mental illness, it is not FMLA. In my opinion, it is elective and fits in a category similar to that of elective plastic surgery, which is specifically pointed out as non-covered.

Now, if this person, due to divorce, becomes debilitated and unable to work and a treating practitioner decided counseling will return her to being able to work, this might stretch in her favor. But, even then you're talking about a temporary mental illness, which is what led to her problem in the first place....marriage. x:-)

ps: Still love your chicken pies, but, alas, Atkins doesn't allow them right now. dd

MSwanson · June 2004

That is where I was going with it with my supervisor also.

Thanks for the information!!!

marc · June 2004

Shhhhhh!!!:-S

So far the M in FMLA stands for Medical, not Marriage. If you talk about this too loud during an election year, Hillary will use it as part of her campaign platform, unseat Kerry as the apparent democratic nominee and then tell all of us the Employers are now responsible for keeping marriages together.

With a greater than 50% divorce rate, she will have a vast audience that will no doubt understand the value of the counseling that slick Willy got and believe that it kept thier marriage together.

FMLA will be amended to FMMLA to include marriage counseling.

dchr9203 · July 2004

Counseling for marital conflict does not constitute a "serious health condition". I would not grant under FMLA, but would try to work with her on an alternate work schedule if possible; flex her lunch hour, flex her start and stop hours, etc. On a side note, counseling sessions can be very emotional and having an employee report to work immediately following one is not a good idea, so if you go that route, have her work with her counselor to get late afternoon or evening appointments.

Marital Conflict

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