How far does the FMLA’s reach extend when it comes to family members?

Q       We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)?

It’s possible, but not likely, that these family care scenarios are covered by the FMLA. Let’s take a look at the first one.

The FMLA does allow an employee to take leave to care for a child with a serious health condition, but the child must be either under age 18 or, if older, incapable of self-care because of a mental or physical disability. If the daughter meets one of those criteria, then the employee-father likely qualifies for leave. The daughter’s inpatient hospitalization qualifies as a serious health condition, and the reason for requesting leave probably meets FMLA requirements. Care for a family member can include providing psychological comfort and reassurance that would be beneficial to a child who is receiving inpatient care.