FMLA or not?

MB1004 · September 2005

An ee's mother has been diagnosed as needing a heart transplant. She's getting a second opinion today and he wants to go down to be with her. Of course we said okay, told him to go and be with his mom.
He then tells me he wants to take FMLA leave for it and any further absences. After a little probing, he says he won't be caring for her, just going to visit. I told him initially to go down there and not to worry about today and I'd look into it, but that I didn't think it would qualify as FMLA b/c he was just visiting her in the hospital-he wasn't caring for her. He then tells me that his wife's in HR and she told him he'd have no problem in taking it as FMLA and any further absences. His concern is his attendance.....I told him we'd be more than willing to work with him in this situation as he has paid time off, whether FMLA or not and I repeated what I'd said before and said that was just my initial opinion, but I'd get some more information and get back to him.
Am I wrong in thinking that as the situation stands right now, it's not FMLA? The fact that his wife is in HR and says it is FMLA is making me wonder.....

marc · September 2005

It is true the Company has the responsibility to make the actual designation, but few of us do it without the medical provider certifying it on the DOL form.

Eliminate your doubts by requiring this form. Perhaps the HR person just assumed the certification would be provided. They are probably right, the Dr.s will certify anything that has even a remote impact on the patients health.

MB1004 · September 2005

I did send the cert form with him, so he will get that filled out. You're probably are right on the dr approving it...I just don't see why a visit every once in awhile would qualify as FMLA, even if that does provide comfort to the patient. It's not necessary that the visit be during work hours, why not after work. I'm not being heartless as I feel horrible for him about the situation and there's no question that we will work with him during this, but it just seems odd that it would get approved for FMLA.

Geno · September 2005

[font size="1" color="#FF0000"]LAST EDITED ON 09-01-05 AT 08:56PM (CST)[/font][br][br]MB,

Follow marc's advice and while you are waiting for the mother's health care provider's documentation to be returned to you for evaluation, do yourself a favor and read sections 825.114 through 825.118 of the regulations which cover the situation that you are currently dealing with.

[url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/Subpart_B.htm[/url]

Geno

NaeNae55 · September 2005

I am not an FMLA expert, but I seem to remember reading about a case where it went to court and the employee won. In the case I read about, the employee was not involved in the care of the sick family member either. However, the employee said the family member needed him for moral support (phsychological). The employer said no FMLA because the employee wasn't involved in direct care. The court agreed with the employee and said phsychological needs were covered under the FMLA.

Perhaps one of our legal experts can chime in here.

mushroomHR · September 2005

As far as I am aware, psychological comfort is covered under the FMLA. The employee does not have to give direct care to the immediate family member, their presence for comfort is enough to qualify for the leave. Please advise if anyone disagrees.

Whatever · September 2005

Let's take this discussion one step further. In order to need a heart transplant, someone has to be very sick. The number of people needing heart transplants far outnumbers the people who will eventually get a heart transplant. Most, but not all people awaiting transplants are not inpatients, but must live within a certain distance of the hospital. If the mother is living at home awaiting a transplant, is this a FMLA situation or does the FMLA occur when the mother actually gets a transplant? If the pre-surgery is FMLA, does it matter whether or not the mother is home or in the hospital?

mushroomHR · September 2005

If the mother has heart trouble and needs a transplant then that would be a serious health condition she is experiencing that would qualify for FMLA--whether the mother was at home or in the hospital. If it were my employee I would grant the leave.

POPEYE · September 2005

If if were my mother, you better believe I'd be there when I could if for nothing else but to hold her hand and just talk to her. So if you have enough certification to know that mom indeed has a serious health condition, approve the entitlement hours!!!!!!

MB1004 · September 2005

I should get the cert form back today and I believe it will be FMLA for the emotional support aspect. There never was a question as to whether he could take time, but more to properly designating it as FMLA. Thanks for all the input.

szemcumo · September 2005

See section 8 b of Health Care Provider response. I answered yes, I don't think it matters whether she is in hospital or not. We would approve. The psychological comfort is covered.

FMLA or not?

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