Good Morning,

I have an employee who would like to use an FMLA leave because her young daughter is going to have an abortion.

I told her supervisor it would be okay, but now I'm wondering if this would be considered to be a serious health condition.

How should this be handled?

Thanks,
Nancy

I'm not convinced that it's a serious health condition either. Doesn't the employee have PTO that she can use?

Thanks, Marketeer.

Unfortunately, she only has 4 hours left, and she isn't due any more until January 2008.

Nancy

And isn't it determined by a medical professional if the child has a serious health condition? Does the emotional ramifications of an abortion not qualify for FMLA. A young girl, as you describe her, is not likely to do so well from the abortion nor the aftermath. Most likely her mother needs to be with her for at least a few days to perhaps a couple of weeks until she is stable enough to be on her own. If it were your young daughter would you not find it necessary to be with her? Bottom line it is still a medical call as to her condition and a medical professional should be making the decision, not the employer. If you have these doubts as to her choosen medical professional and his/her opinion you can always asked to have her examined by a medical professional of your choosing.

That's a very good point, BnThr.

Thank you.

Give her the FMLA paperwork and see what the doctor says.

Thanks, cbg.

Good Morning,

I have an employee who would like to use an FMLA leave because her young daughter is going to have an abortion.

I told her supervisor it would be okay, but now I'm wondering if this would be considered to be a serious health condition.

How should this be handled?

Thanks,
Nancy

29 CFR 825.114 defines what constitutes a "serious health condition" under the FMLA. The requirements are very clearly stated.

I'm not convinced that it's a serious health condition either. Doesn't the employee have PTO that she can use?

Thanks, Marketeer.

Unfortunately, she only has 4 hours left, and she isn't due any more until January 2008.

Nancy

Confused on what either statement has to do with FMLA. Thanks!!!!!!1

I was asking that, if the absence is not covered by FMLA, does the employee have available leave that she could use (vacation time, personal days, floating holiday).

I was asking that, if the absence is not covered by FMLA, does the employee have available leave that she could use (vacation time, personal days, floating holiday).

The reaosn that I asked is, since FMLA leave isn't paid, OP would need one of the above anyway.

How old is the daughter? Is she under 18? If so, I'd vote for granting FMLA for the day of the procedure and whatever time the doctor certifies the daughter will be incapacitated as a result. I wouldn't grant it as FMLA just because the daughter might be sad and mom might want to spend extra time with her. If mom has other leave to use for that great, but I wouldn't call it FMLA.

Thank you all for your comments.

We are just going to give her a "Personal" leave. That sidesteps the FMLA issue, but also doesn't count against her annual allotment.

Thanks,
Nancy