Q. An employee’s daughter has diabetes and the employee hasto provide assistance and care for her. The employee is now using to attend her daughter’s field hockey games and practices, claiming she needs to be there in case of diabetic complications during athletic events. The health care certification that we received in connection with this leave request does refer to a need to provide care during “flare ups.” Do we have to continue to permit the mother to attend the games and practices as ?
A. Probably not. Unless the daughter has a history of flare-ups during practices or games, there is a very good argument thisleave is not required for this purpose. The FMLA does not provide for leave to cover such “what if” fact patterns unless the daughter is actually temporarily incapacitated, needs to seek treatment or has a history of such flare-ups.
Susan K. Fitzke and Sarah J.Gorajski are shareholders, advising clients out of Littler Mendelson’s Minneapolis office.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Bring domestic violence out of the workplace shadows
- OK to call employee who is on FMLA leave--just keep the conversation short and sweet
- Don't take malingering employee's bait: Calling in sick shouldn't trigger FMLA query
- Employee acting as her own lawyer? Prepare for a long slog through the legal system