FMLA for spouse in rehab for substance abuse

[Zach1008]

My wife was admitted into an inpatient rehab facility after her drinking got out of control. My question is, am I able to take FMLA time to care for my kids since she was my primary caregiver for my young children, the company is questioning me whether that’s a legitimate claim or not. It’s pretty simple, if I didn’t agree to take care of the kids she would not be getting the help she desperately needs. I believe I’m caring for her even though I’m not directly with her. I’m worried about termination if they deny my leave

 

[xylene]

Leave the kids out of it. You are caring for her (which includes providing emotional support)

I suggest you speak with a a lawyer if they do not agree.

Good luck to your family.

 

[eerelations]

Leave the kids out of it. You are caring for her (which includes providing emotional support)

I suggest you speak with a a lawyer if they do not agree.

Good luck to your family.

I don't think that emotionally supporting a spouse who being physically housed, fed and cared-for by paid professionals in an institution requires taking extensive time off work. And I also don't think the FMLA has any provisions for caring for non-ill children when their primary caregiver is away from home (for whatever reason, including illness). Finally, I'm not sure what a lawyer could do to change this.

 

[Zach1008]

My argument is that she is incapacitated by law and in inpatient therapy, both qualifiying events, I am in constant communication with the facility and at this point indirectly with her, sending her supporting messages and am able to bring items to her. The childcare part is sencondary but necessary. I feel like this wouldn’t be any different than if she was in a hospital with a serious illness

 

[eerelations]

I feel like this wouldn’t be any different than if she was in a hospital with a serious illness

FMLA wouldn't cover that either.

 

[cbg]

Although there are a very few situations where child care is covered under FMLA, this is not one of them.

 

[not2cleverRed]

My argument is that she is incapacitated by law and in inpatient therapy, both qualifiying events, I am in constant communication with the facility and at this point indirectly with her, sending her supporting messages and am able to bring items to her. The childcare part is sencondary but necessary. I feel like this wouldn’t be any different than if she was in a hospital with a serious illness

Daycare.

After school care.

Look into it. Seriously. What do you think single parents do?

And get the kids into therapy/counselling too, because who knows how she was neglecting/abusing them.

And keep the kids in day care/after school care after she gets home.

 

[commentator]

So your wife gave you the ultimatum that she wouldn't go into treatment unless you completely gave her the assurance you'd take time away from your job to personally take care of the kids? While I am very supportive of families with substance abuse issues, I honestly don't think this is the type of emergency that should take you completely away from your job, unless you had her shut up in a house with a lot of very in-house children she has been over-protecting. Agree, depending on the ages and number of children we're dealing with here, they ought to be having some counseling and help here too. You, and she when she returns from treatment, need to have back up child care in place somewhere so you can do couples therapy, work on your relationship as she works on her sobriety.

 

[Zach1008]

it Wasn’t an ultimatum. It was what she needed to feel comfortable to leave for a month, we don’t make enough to just send them to daycare, nor to we have a never ending support group to take care of them while I work and she is gone. there is a reasons she is a stay at home mom. I’m simply looking for advice surrounding the FMLA law.

 

[cbg]

And you have it. This is not one of the few circumstances where child care is covered under FMLA. You can look the definitions up for yourself. Now, if your employer will allow you to take leave, or at least partial leave, that's fine. But this is not covered under FMLA no matter what argument you make.