Does ‘phone care’ qualify for FMLA leave? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Does ‘phone care’ qualify for FMLA leave?

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When you grant an employee FMLA leave to care for a sick relative, do you wonder what type of “care” they must really be giving to qualify for time off under the FMLA? This new court ruling defines care as being in physical proximity to the relative. Cutting the lawn in a different time zone doesn’t cut it under the law …

Case in Point: When Girard Baham was on vacation with his family in Honduras, his daughter fell and sustained a head injury. She had to be airlifted to a hospital in Miami. Baham contacted his employer, McLane Foodservice in Texas, who told him to “take as much time as he needed.”

The company sent Baham the appropriate FMLA forms. He filled them out and requested six weeks of FMLA leave, but left blank the dates of his daughter’s treatment.

After four weeks, Baham returned to Texas alone to prepare the house for his daughter’s arrival. He didn’t alert anyone at the company about his return to Texas. Over th...(register to read more)

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