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  • Betty3
    replied
    To be clear, I wasn't saying that passing out Halloween candy would qualify under FMLA as help with an ADL. I was saying that if on that day (Halloween) your Mother needed your help for an activity that would qualify as an ADL (see my first post as to types of activities that qualify), then you might be able to take that day under FMLA. (& while you took the day off to help with an ADL you could also pass out Halloween candy) Just taking it to pass out Halloween candy would not qualify under FMLA as needing help with an ADL.

    I was also just saying that asking for that day off if she actually needed your help for an ADL (just passing out Halloween candy would not be one), your employer might be suspicious that you really needed the day off to help with an ADL since you asked & got denied vac. time for that day.

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  • Betty3
    replied
    From the 1st post, it "sounded like" the day she wanted off is in the week Mother isn't feeling well after having chemo treatments. That is why she can't pass out Halloween candy. If she isn't feeling well (it may be hard to say at this time how she will be feeling that day) & needs the type of help that qualifies as ADL, the day "could" qualify as FMLA. However, it would be kind of suspicious to the employer after being denied for vacation that day.

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  • ElleMD
    replied
    I will say that it is highly suspicious when an employee requests a vacation day and then when denied, suddenly requests the day off for FMLA. Expect that day to be scrutinized. If you are there passing out candy and not taking Mom to chemo (and it sounds like this is a non-chemo day), you very well could find yourself without a job for FMLA fraud. Do yourself a favor and don't even try it. You said yourself the day was to pass out candy which isn't even close to qualifying.

    I understand how hard it is to tell a parent they can not do something because of an illness. Truly. Still, there comes a time when you need to have a conversation and explain that in the grand scheme, trick or treating is just not that big of a deal and you can not take off work to handle it. Perhaps a neighbor would be willing to come over to her house and pass out candy for them both or a "too old for trick or treating" neighbor kid would be willing to help out.

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  • Betty3
    replied
    You're welcome.

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  • cbg
    replied
    Handing out Hallowe'en candy does not fall under "activities for daily living" as far as FMLA goes.

    Betty's got it; if the only reason you would be taking the day is to hand out the candy, that's not FMLA. If you would be taking the day anyway because it's one of the chemo weeks and it just so happened that you handed out the candy while you were there, that would be different. It would be the chemo, and not the candy, that was the reason for the FMLA.
    Last edited by cbg; 10-18-2012, 05:04 AM.

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  • Betty3
    replied
    Activities of daily living (ADL) in regard to taking care of your Mother would be such things as helping her with grooming, bathing, dressing, eating; can generally include cooking & shopping for them.... (Those types of things)

    If it wasn't for passing out Halloween candy, would you probably not need to take time off that day to care for your Mother due to her chemo treatments?
    (Would you possibly need to take time off for any of the above reasons depending on how she was doing that day?)

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  • rear-ended
    started a topic ? for the EXPERTS Pennsylvania

    ? for the EXPERTS Pennsylvania

    i know this may sound stupid, but, i need to know...i am approved for fmla to help my mother out who has lukemia. i put in a vacation day request f 10-31-12, for family reasons, and was denied. the reason i need the day off is to go over my mothers house to pass candy out to the trick-or-treaters. i did not tell them the real reason when i put the request for the day off. if i just tell them the truth why i need the day off, would it qualify as fmla? she has chemo once a month for 5 days a week, then off chemo for 3 weeks, but that will be the week when she is not feeling well. and she ask me if i would be able to do that for her.

    and before someone suggest to just have the neighbor tell the kids "here is candy from the house across the street", cause i already suggested it to her, she does not really want to do that. soooo.....would this fall under Activies of Daily Living....which is what her doctor wrote in the paperwork i handed in to my employer?

    i think i am 2 call offs away from the written warning and just not ready to get fired YET. thanks to anyone who knows the answer
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