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FMLA for ee and child

GLCGLC 174 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an ee who has just applied for FMLA for herself and daughter. They both have asthma. The docs have completed the forms. My question is do her and her daughter get 12 weeks together? In other words, it's not 12 weeks for the ee and 12 weeks for the child, it's a combined 12 weeks. Also, the office this person works closes at 1:00 p.m. on Fridays. Can we ask her to try to schedule her doctor appts on Friday afternoons so as not to unduly disrupt the operations or would that be against FMLA rules?
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  • 8 Comments sorted by Votes Date Added
  • HRinFLHRinFL 376 Posts
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    The ee only gets up to twelve weeks per year, so it would be together. Is the doctor's note for both, or is it for the daughter and the ee is wanting the time as the care giver? If it makes a difference for using paid time off during the leave, make sure you are able to distinguish if the ee is absent for her own health condition, or for her daughter's.

    For the second part of your question, you can ask the ee to TRY and schedule appointments for after 1:00pm on Friday. However, if she is not able to do so, you have to grant her the time to attend these appointments. Explain to the ee that if she schedules after 1:00pm on Fridays, it does not count against her FMLA. If during business hours, the time to attend these appointments will apply. This will give her some incentive to try and schedule on Fridays.
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  • pork1pork1 1,054 Posts
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    GLC: There is only one 12 week period per ee. With physician's certification, I would approve a FMLA leave for the ee for either medical on the mother or "care giving" parent for the child. You may choose to have both running concurrent, thus eliminating any confusion with FMLA.

    Our company has a Medical Leave Policy/benefit which provides compensation of a "STD" for the ee who is sick, it would not pay for "care giving". "Care giving" FMLA is totally without pay.

    You very definately could ask the ee to schedule appointments out side of the "world of work"; however, remember the ee must loose time for it to be charged as FMLA. If this is for "care giving" appointments the company should support to the degree that you can. Business needs do come first.

    HOPE this helps.

    PORK
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  • SystemSystem 5,885 Posts
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    Can you give us more specifics on the time frame? What is the date that the condition is expected to end? I can't imagine that if they both have the same condition at the same time that one will get treatment first, then the other will get treatment next. If they're both qualified for the leave at the same time, I would think the leaves run concurrently whether it's for 6 weeks or for twelve.
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  • GLCGLC 174 Posts
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    They both have life long conditions - asthma. With asthma, you never really know when it can flair up. I've gotten my answers from the previous emails. Thanks.
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  • JM in ATLJM in ATL 305 Posts
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    Actually, I have one more question...

    Does both the employee and the child work for your company?
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  • RuskanenRuskanen 183 Posts
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    I have always been under the impression that the employer can only combine the 12 weeks of FMLA for two employees when the two employees are spouses. Can anyone clarify this? Does the daughter work there too? If not, the employe would only get 12 weeks off of FMLA per year, whether it's for herself, spouse, parent or child.
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  • pork1pork1 1,054 Posts
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    If the child is also employed they are both entitled to 12 weeks leave both would stand alone and the facts, so applied. The mother would be able to have FMLA as the primary care giver to the child and the reverse is true of the mother as the patient. Both would require seperate medical certifications and identification of the other as the only person available to provide the care giving.

    PORK
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  • Don DDon D 9,834 Posts
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    Both would require seperate medical certifications and identification of the other as the only person available to provide the care giving.

    PORK

    PoRk: There is nothing in the Family and Medical Leave Act that requires a caregiver to offer proof that the are "the only person available to provide the care giving." I'm not sure where you came up with that notion, but it is not true. Maybe I misunderstood your comment.
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