Deciding whether FMLA covers daughter transporting mom to care for dad

Q         An employee's dad is being flown to another hospital for COVID-19 treatment. She needs to drive her mom to the new hospital and therefore will miss at least one day of work. Would she be eligible for Family and Medical Leave Act (FMLA) leave?

A   To answer the question, we must first ask whether the FMLA applies to the daughter’s employer. If her employer is a public agency or a private employer that employs 50 or more employees for at least 20 weeks in the current calendar year, then coverage would be available to her. Second, we need to determine whether she is a covered employee. There are several factors, but the most significant is whether she worked more than 1,250 hours during the 12 months preceding the FMLA leave period.

Therefore, we must make the assumption the employee works for a covered employer and she has met the eligibility requirements to take FMLA leave, making her a covered employee. For additional reference, the U.S. Department of Labor (DOL) sets forth the specific eligibility requirements on its FAQ page. A covered employee may take FMLA leave to care for an immediate family member, including a parent, with a serious health condition.

The covered employer may require supporting documentation (or certification) from a healthcare provider. The certification must be provided within 15 calendar days. If the documentation is deemed incomplete, a covered employer must allow the covered employee an opportunity to remedy any insufficiency.