What is the name of your state (only U.S. law)? WI
A fellow employee is currently going through a tricky situation. He was cleared by CPS to be the only adult legally able to care for his grandchildren during an alleged abuse investigation. He's already missed a week of work and has no idea when the investigation will be over.
HR is saying this is not an FMLA issue due to it being his grandchildren and not a medical issue so his absences are not protected.
However, on the DOL website I found this section: " The Wage and Hour Division issued an Administrator Interpretation clarifying the definition of "son and daughter" under the Family and Medical Leave Act to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship. FMLA AI 2010-3, Press Release (June 22, 2010) "
So now the main question is about it not being a "serious health condition"... legally with the CPS paperwork, he is the ONLY person who can watch the children, he cannot entrust them to a babysitter. Would this not fall somewhere under the "Family" section of FMLA??? Does anyone have any idea?
A fellow employee is currently going through a tricky situation. He was cleared by CPS to be the only adult legally able to care for his grandchildren during an alleged abuse investigation. He's already missed a week of work and has no idea when the investigation will be over.
HR is saying this is not an FMLA issue due to it being his grandchildren and not a medical issue so his absences are not protected.
However, on the DOL website I found this section: " The Wage and Hour Division issued an Administrator Interpretation clarifying the definition of "son and daughter" under the Family and Medical Leave Act to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship. FMLA AI 2010-3, Press Release (June 22, 2010) "
So now the main question is about it not being a "serious health condition"... legally with the CPS paperwork, he is the ONLY person who can watch the children, he cannot entrust them to a babysitter. Would this not fall somewhere under the "Family" section of FMLA??? Does anyone have any idea?