Q. One of our employees has been out on
A. The does not cover leave to deal with a parent’s estate. You probably don’t need to allow the employee to continue his leave under the FMLA.
However, other consequences of a parent’s death could be covered under the FMLA.
The FMLA covers leave to care for an immediate family member (spouse, child or parent) with a “serious health condition” or for the employee’s own serious health condition. For example, if the employee suffers depression as a result of the death, that condition may meet the definition of an FMLA-covered serious health condition. Similarly, the employee may be entitled to leave “to care for” a spouse, son, daughter or parent who is suffering either physically or mentally as a result of the death of a loved one, if that suffering meets the standard for a serious health condition.
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- Firing worker during FMLA leave: possibly legal, but usually unwise