FMLA or not?

[ecmst12]

But he's not caring for the 6 month old with the serious health condition. He's caring for the perfectly healthy 2 year old. Hence the problem.

 

[mlane58]

But he's not caring for the 6 month old with the serious health condition. He's caring for the perfectly healthy 2 year old. Hence the problem.

We are not talking about the 2 year old.

From the OP:

Well the youngest (6 months old) is currently still in the hospital with broken ribs and a fractured skull.

This still qualifies as an FMLA event.

 

[Zigner]

We are not talking about the 2 year old.

From the OP:
This still qualifies as an FMLA event.

BUT, the OP states that the grandparent is the ONLY person allowed to care for the 2 year old. And, since 2 year old's aren't allowed in the hospital, it can safely be assumed that the grandparent in question is NOT at the hospital with the 6 month old.

 

[cbg]

under FMLA, caring for a family member includes providing psychological comfort and reassurance which would be beneficial to a child, spouse or parent with a serious health condition

With all due respect, the child is six months old. He is not likely to recognize or be comforted by a grandfather in the same way an older child would be.

It might be a better use of the grandfather's FMLA time to wait until the injured six month old is OUT of the hospital and in need of direct care, rather than burn it now when it is most likely doing minimal, if any, good for the 6 month old who has a FMLA event (I agree that the two year old does not).

 

[mlane58]

BUT, the OP states that the grandparent is the ONLY person allowed to care for the 2 year old. And, since 2 year old's aren't allowed in the hospital, it can safely be assumed that the grandparent in question is NOT at the hospital with the 6 month old.

Sorry, but last time I read the Act itself, it doesn't state anything about the employer or a lay person such as yourself getting to assume anything about the employee's eligibility. Don't hand out that baloney that 2 year olds are not allowed in the hospital, please I was just in the hospital visiting a friend and saw plenty of toddlers in the visiting area.

 

[mlane58]

under FMLA, caring for a family member includes providing psychological comfort and reassurance which would be beneficial to a child, spouse or parent with a serious health condition

With all due respect, the child is six months old. He is not likely to recognize or be comforted by a grandfather in the same way an older child would be.

It might be a better use of the grandfather's FMLA time to wait until the injured six month old is OUT of the hospital and in need of direct care, rather than burn it now when it is most likely doing minimal, if any, good for the 6 month old who has a FMLA event (I agree that the two year old does not).

It doesn't matter whether the child is six months old or 5. You or I don't have the credentials to make the determination it is not likely to recognize or be comforted by a grandfather in the same way an older child would be. That's why there is a healthcare certification completed by the provider and if we don't agree we can request a second opinon.

 

[Zigner]

Sorry, but last time I read the Act itself, it doesn't state anything about the employer or a lay person such as yourself getting to assume anything about the employee's eligibility. Don't hand out that baloney that 2 year olds are not allowed in the hospital, please I was just in the hospital visiting a friend and saw plenty of toddlers in the visiting area.

The grandparent, who had very little prior contact with the 6 month old child in question, is suddenly a "visitor" who is providing emotional comfort to the 6 month old while, at the SAME TIME, supervising the 2 year old in the visiting area?

The OP made it clear that the grandparent is providing care for the 2 year old, NOT the 6 month old.


mlane - I don't (can't) disagree with your statements about what FMLA covers, I just don't think that the circumstances in THIS case, as they have been presented to us, indicate that FMLA is applicable at this time.

 

[cbg]

And given that FMLA is not open-ended, I'm questioning whether or not this is the best use of the protected time and offering a suggestion which the grandfather is free to disregard, as to another option.

I think we should also all remember that the OP is NOT the family member in question and may not be privy to all the specifics.