I hate FMLA...

nohr4u1yr · September 2005

Ok, if someone's spouse has cancer does it automatically approve them for FMLA? Even though this person is able to take themselves to the doctor.

Thank you!

Geno · September 2005

Question: "...if someone's spouse has cancer does it automatically approve them for FMLA?"

Answer: Practically speaking -- yes it does.

We are all stuck with the law. Don’t ask me why (given the questions on this forum) but recent surveys indicate that most employers claim not to have any major problems administering FMLA.

As a means of maintaining your sanity, try not to personalize or read too much into the FMLA request that you receive. Otherwise, someone in your family might be asking for FMLA leave at their place of employment to care for you.

Geno

deniseE · September 2005

This person may be able to get there and back today....but there is more to cancer treatments than driving.

FMLA is meant only to permit ee's the time to balance family and work...frequently, family gets the short end (OT, Deadlines-whatever) and sometimes, family needs to come first. In the grand scheme 12 weeks is not that long.

Yes, the system is abused. But that doesn't mean that it's not valued by those who need it and are grateful to be able to take care of someone they love without fear of losing a job. or worse, having to chose.

szemcumo · September 2005

In most cases the company will survive, the likelyhood the spouse will is doubtful. Give her the FML, let her use the time needed that she can never get back. My late husband was diagnoised with cancer months after I started this job so I wasn't eligilbe for FML and I showed up for work everyday expect two while he was dying. I can't go into to the quilt and pain I still feel to this day for not being there instead of here. If she qualifies..give it up.

Ruskanen · September 2005

The other thing to think about when you are dealing with someone with a major, potentially terminal illness is the management of symptoms, medication, medical benefits, treatments, etc. It can be very confusing and the healthy spouse will have to become a pain management specialist, dietician, physical therapist, benefits administrator, among other things. We all know how busy doctors, physician assistants and nurses are these days. It's nice to have two sets of eyes and ears present to make sure things are going the way they are supposed to.

deniseE · September 2005

I also wanted to add that as HR people we should be very careful about making decisions about what qualifies and what doesn't. That is why a doctor completes the form.

We should never question why a spouse feels like they need to take the time, or why another sibling can't drive Mom, since he works 3rd shift.

Family decisions need to remain within the family.

LivindonSouth · September 2005

I don't disagree with anything posted; however, I do want to re-emphasize that it is indeed the HR professional's responsibility to review the information at hand and make the final determination as to approval or disapproval. I'm sure this qualifies; but, it is NOT universally true that where you have a medical certification, you have an approval.

I have denied more than several applications for FMLA where there were medical certifications that might have slipped under the radar had I not had it turned on.

mushroomHR · September 2005

Don: Could you give us examples please of why you denied some of the applications. I'm merely curious. Thanks.

LivindonSouth · September 2005

The one I most often reveal was an elaborate dissertation by the physician that one of our engineers needed to be off work at minimum two days per month, perhaps three, month after month for an undetermined length of time, perhaps years because of his wife's violent menstrual periods. On the surface, it looked legitimate.

The length of time indicated on the form was 'Until she has a hysterectomy, which perhaps can be years'. I told the employee I needed a more a definitive answer on the form (which the form clearly allows) stating 'what it is the employee is to do'. The doctor then, to the demise of the employee, stated, "He needs to be off work secondary to his wife's medical condition to provide ongoing daily childcare to his four children under six years of age."

Babysitting is not one of the activities covered by the FMLA. Leave denied.

Then there was the one involving an employee in Mississippi who had an ill parent in Michigan. The paperwork at first seemed fairly routine. Upon further inquiry, it was revealed that the parent in Michigan merely needed someone to get her to the grocery store on a monthly basis during an extended illness. Unreasonable. Leave denied.

The paperwork from the medical provider is merely a step in the process. The HR official still has the ultimate responsibility to interpret the regulations and approve or disapprove accordingly. That is what the DOL investigation will center on, if an investigation results.

I hate FMLA...

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