Does FMLA cover ‘Emotional care’ of spouse in ICU?

Q We have an employee whose wife is in a hospital intensive-care unit. The employee has asked for FMLA leave. Is this an FMLA-eligible reason, even though the employee isn’t providing "care" as the law requires?

A Probably. Caring for an immediate family member with a serious health condition includes psychological care, and emotional support would normally qualify as such. You can require certification from the health care provider that the employee is needed to provide such care.