Determining whether FMLA leave covers transporting parent to new hospital

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   Probably not. Under the FMLA, unpaid time off is generally available to employees with a serious health condition who are unable to perform their job, or for employees to care for a spouse, child, or parent with a serious health condition. COVID-19 may qualify as a serious health condition when an individual (1) is required to stay overnight in a hospital, (2) is incapacitated for more than three consecutive days and requires ongoing medical treatment, or (3) develops a chronic condition that causes occasional periods of incapacitation, requiring medical treatment at least twice a year.

Here, the employee has requested at least one day of FMLA leave to transport her mom to a new hospital where her father is being cared for. Although the employee’s father is being treated for COVID-19, she hasn’t requested time off to care for him, and there’s no suggestion her mother has a serious health condition. For these reasons, the employee is probably not eligible for FMLA leave. She may be able to take paid time off, however, under the employer’s policy or as required by state or local law.

Hannah L. Wurgaft is an attorney with Brann & Isaacson in Lewiston, Maine. You can reach her at hwurgaft@brannlaw.com.