Quick Question on FMLA, well two really

What is the name of your state (only U.S. law)? MN

#1 does FMLA cover having to take an under 1 year old child to the doctor for multiple ear infections, ENT consultations and ear tubes? What about the day(s) that have to be taken off of work due to the child not being allowed in daycare because of the infections?

#2 Does the 12 weeks of unpaid leave go on a calendar year? For example, if 7 weeks of FMLA was used in November when baby was born, is that considered 5 weeks in 2009 and 2 weeks in 2010? Or does it go since I started taking the leave in November I have to get to next November on the 12 weeks.

Thanks in advance for the replies!

ajs09876 said:

What is the name of your state (only U.S. law)? MN

#1 does FMLA cover having to take an under 1 year old child to the doctor for multiple ear infections, ENT consultations and ear tubes? What about the day(s) that have to be taken off of work due to the child not being allowed in daycare because of the infections?

#2 Does the 12 weeks of unpaid leave go on a calendar year? For example, if 7 weeks of FMLA was used in November when baby was born, is that considered 5 weeks in 2009 and 2 weeks in 2010? Or does it go since I started taking the leave in November I have to get to next November on the 12 weeks.

Thanks in advance for the replies!

Click to expand...

We need to know if FMLA even applys to you before we can answer that. How long have you worked for this company? How big is this company (how many employees? Let's start there. I realized you say you had FMLA last year, but we still need to know.

Yep, FMLA applies to me. This is the same company, same # of workers... It's a full time job that I have had for three years. Plenty of people, plenty of hours!

any one know?

1.) Maybe. It depends on whether your specific child's specific condition meets the statutory definition of a "serious health condition".

2.) Whether the 12 months of FMLA run on a calendar year basis, a fiscal year basis, a rolling year basis starting with the exact date you first took leave, or some other basis, is up to your employer. They cannot pick and choose from one employee to the next; they need to pick one and stick with it, but there are several different legal 12 month periods they can use and it's up to them which one they decide on. It might be a calendar year; it might not.

How would I determine if a person would consider my child's condition a "serious medical condition"? Is that also up to my employer?

Sounds like you need to apply for intermittent FMLA. At least as far as I've seen though, the most common year for FMLA is a rolling 12 months.

Thank you all for the replies.

From the website provided above;

"QASerious Health Condition

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
any period of incapacity due to pregnancy, or for prenatal care; or
any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

In reference to the bolded. My daughter, 8 months, has chronic ear infections. She has had 4 of them in the last three months (two of them have happened this month) This requires time to take her to the doctor and then a day after she has the infection I cannot bring her to daycare because she has to be 24 hours fever free. I am not taking any extra time off of work, but my vacation is gone from this. (Our vacation is "earned" one day per month. Each month that she has an ear infection, I burn up all my vacation and they don't want to let me take any "unpaid" time off. Do any of you think this condition would fall under FMLA.

Especially since the doctor is talking ear tubes, so I will need time off of work for a consult and time off of work for the procedure and the recovery (probably within the day according to the doctor.)

I am not trying to take advantage of the time and am not asking to be paid. I just really would like to keep my job and am hoping that this might fall under FMLA. What do you guys think/know?

Thanks again!

Sounds like it to me. Get the paperwork from the employer and have the doctor complete it.

Thank you all very much. I will do that first thing Monday morning!