FMLA regulations and Family Connections

Medical issues raise entitlement questions in FMLA regulations. They may trigger the need for the employer to put the employee on notice that there are certain things that have to be done. If in reviewing the entitlement, consider the fact that a serious health condition of the employee or immediate family member, i.e. spouse, child or parent, is what triggers FMLA leave based on FMLA regulations.

Family relationships and FMLA regulations

Believe it or not, these familial relationships are defined in the Family Medical Leave Act in 1993. They are broadly construed, actual biological relationship is not required ,and they specifically acknowledge that for example, spouse means husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized.

Remember, that when one parent is caring for a sick child, the other parent may qualify for leave to care for the other healthy children under FMLA regulations. These are circumstances that a good HR manager might not realize when they first arise might qualify for FMLA leave. But, also keep in mind that you don't have to offer, as an employer, any more leave time than the Family Medical Leave Act requires.

12 weeks are the mandated minimum leave under federal FMLA regulations

There was a case that came before the Supreme Court in which an employer gave an employee up to six months leave and then still got sued. I guess no good deed goes unpunished.

The Supreme Court held that the statute says, 12 weeks and even if an employer offers more than that, they can't be held liable for violating the law, as long as they provide the bare minimum of what the Federal statute provides for.

When we talk about a serious health condition, let's talk about whether a minor ailment is a serious health condition or not per FMLA regulations. The best analogy I can think of here is that when a doctor tells you that something may be uncomfortable, you know it's going to hurt like the (dickens). For the doctor, it's discomfort. For me, it's painful.

FMLA regulations do not invite the employer to opine on the seriousness of an illness. Each of us comes from our own background of experience and what might be genuinely serious to one employee may not make that much of a difference to another employee. The act and its regulations do not invite a subjective discussion of what is serious.