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Family Medical Leave Act

Friday, 26th December 2008

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Answer provided by Rex Bush, webmaster of this blog’s affiliated website: Utah-Personal-Injury-Attorney.com. Click here Utah Injury Attorney to visit our home page and access other relevant articles on Utah injury law.

Q.  I have a friend whose daughter was molested by the daycare provider’s husband. The case went to court. My friend, the father of the child, went on FMLA for 12 weeks due to him not trusting anyone to watch his child. He has said that the situation has caused him extensive stress and needed to care for his daughter- emotionally. He has been now told that that he has to file a statement with his employer-for review- he may lose his job. Would the situation fall under FMLA? Is it considered a “serious health condition”, if not would it be covered under another classification of FMLA?

A.  Under the FMLA (Family and Medical Leave Act) a covered employer (one who has 50 or more employees)must grant an eligible employee up to 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons:

* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition

The definition of “serious health condition” is rather lengthy but you may read it for yourself at the Department of Labor website: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.114.htm

You will find a wealth of information at that site including FAQ and the actual regulations from the CFR (Code of Federal Regulations).

Since the employer has already granted the 12 weeks required by law your friend may have already exhausted his benefits for that 12 month period. Have him check with human resources to see if there any other benefits available that would allow him to remain off work longer.

 
 
 

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