FMLA - My 15yr Old Daugher Is Pregnant
sstogner
23 Posts
Hello All!!
We have an employee who has submitted FMLA paperwork to take leave in late February 2011 because her 15yr old daughter is pregnant. The employee is requesting the leaving stating that she will be providing transportation to the hospital for the birth of her grandchild, and will also be teaching her 15yr old the appropriate way of being a first time parent for an infant (my wife and I learned from a book and trial/error. We told our mothers to stay home...course we were 24 at the time).
The doctor for the 15yr old is certifying, stating that the 'dependent' will need much assistance caring for self and newborn baby following delivery of infant.
The question I have is whether this qualifies under FMLA? We know that pregnancy is not a serious health condition on its own, but complications (morning sickness, etc...) can get it there. So, I guess from that perspective the mother would be caring for her 15yr old, and the pregnancy could enter the serious health condition arena. I'm just making sure I'm not missing something here before I approve.
Any help would be greatly appreciated!! Thanks.
sstogner
san antonio, tx
We have an employee who has submitted FMLA paperwork to take leave in late February 2011 because her 15yr old daughter is pregnant. The employee is requesting the leaving stating that she will be providing transportation to the hospital for the birth of her grandchild, and will also be teaching her 15yr old the appropriate way of being a first time parent for an infant (my wife and I learned from a book and trial/error. We told our mothers to stay home...course we were 24 at the time).
The doctor for the 15yr old is certifying, stating that the 'dependent' will need much assistance caring for self and newborn baby following delivery of infant.
The question I have is whether this qualifies under FMLA? We know that pregnancy is not a serious health condition on its own, but complications (morning sickness, etc...) can get it there. So, I guess from that perspective the mother would be caring for her 15yr old, and the pregnancy could enter the serious health condition arena. I'm just making sure I'm not missing something here before I approve.
Any help would be greatly appreciated!! Thanks.
sstogner
san antonio, tx
Comments
Kathy
I took some vacation the week the baby was born. My daughter had a job too, so we coordinated. She stayed home the 2-3 nights I went to school, and I babysat the other evenings and weekends while she worked. Otherwise, mommy pretty much took baby with her everywhere. Hubby and I paid for diapers, formula, and healthcare. Mommy paid for childcare so she could stay in school. One of the proudest days of my life was the day she walked across the stage for her diploma.
The point I am making is that other than the first few days and a few phone calls at work, it didn't take much for her to be able to take care of the baby. She had friends with younger siblings, so that helped (plus her younger sister was 6 years younger). And let's not forget that many people learn to babysit around age 13. It would be nice if your employee could take some vacation at the birth, and if you could make it easier for her to get phone calls, but I don't think she needs to take a lot of time off (unless the baby is unhealthy). I don't think this is really FMLA, but you may need to talk to a lawyer with your specific facts.
Good luck!
Nae
sstogner
san antonio, tx
The DOL issued a recent interpretation of in loco parentis that you should probably consult. Here is a link:
[url]www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.htm[/url]
Julie
Is the employee asking for intermittant or continuous leave? Remind the employee that the amount of leave is capped (however you count it...calendar, rolling, etc) & that you will use up ALL her paid time before granting unpaid time. If the request is for continuous, then the FMLA is done when the employee first comes back. If the employee hasn't used up all the leave time & now wants intermittant, then a new set of papers needs to be completed; which should change everything except the total amount of time. Focus on the care being given to the daughter here...that's the FMLA requested. The in loco parentis business is down the road...& another FMLA request if necessary...it doesn't apply to the present request.