FMLA ??

windjam · February 2006

I have a management employee who is going to take 3 months off to provide child care to his three young children while his wife goes home to Africa to be with her dying mother. He will be returning to work at the end of the three months and our company definitely wants him back. Our consensus is that it doesn't qualify as FMLA but we thought we would see what you all think!
Thanks

Paul in Cannon Beach · February 2006

I don't believe the FMLA or Oregon FMLA would apply in this situation. Parent's in law are excluded which is really beside the point anyways because he wants to stay home to watch his kids which isnt covered by FMLA.

Essentially, the ee will need to do what single parents all over the country do every day. Be creative.

LindaS · February 2006

I agree. This would not be covered under the FMLA. If you want to provide this time off to the EE you always have that option but the time off is not FMLA covered as he is not caring for an individual with a serious health condition.

Whatever · February 2006

It does qualify for FMLA. What you can do, if he isn't creative, is tell him that when he is ready to return to work that he can apply for a job. If the company is thinking about granting an unpaid leave (even though he is not entitled to FMLA), beware of setting a precedence.

Irie · February 2006

Whatever: How did you reach the conclusion that this does qualify for FMLA? I agree with the other posters that this does not qualify for FMLA.

Whatever · February 2006

Sorry miswrote- I meant to say it doesn't qualify.

windjam · February 2006

Thanks everyone. That is the conclusion and rational we used but wanted some confirmation.

FMLA ??

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