FMLA doesn’t cover bereavement, but such leave may be covered anyway

Q         An employee who has been approved for intermittent Family and Medical Leave Act (FMLA) leave to care for his mother is asking for two days off to bring his mother to his cousin’s funeral in another state. Would this also be covered under the FMLA?

The employee may be covered under their FMLA leave here while taking their mother to the out-of-state funeral. The FMLA requires employers to grant employees leave for, among other things, the care of a parent with a serious health condition. While the FMLA doesn’t specifically cover bereavement leave, the employee here has already been granted leave to care for their mother, who presumably has a serious health condition. Thus, the employee could argue that going to the funeral is necessary to ensure they are able to attend to their mother’s condition. The employee’s position is all the more persuasive if they can assert that their mother’s condition will be exacerbated by the death in the family or the travel to the funeral.

Obviously, this is a general answer based on a few assumptions—specifically, the nature of the mother’s condition and her need for assistance. An employer seeking guidance on FMLA leave compliance should retain an attorney who can ascertain all the relevant facts and make a specific determination.

Garrett Kitamura is an attorney in the Boise office of Parsons Behle & Latimer. He can be reached at 208-562-4900 or gkitamura@parsonsbehle.com.