Intermittent FMLA leave can cover time off to take eligible parent to funeral

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 answer to this question depends on the assistance the employee’s mother requires. Under the FMLA, eligible employees can take FMLA leave to care for a child, spouse, or parent who has a serious health condition.

Although FMLA doesn’t apply to bereavement leave, caring for a family member under the FMLA includes assistance with basic medical, hygienic, nutritional, safety, and transportation needs, including physical care or psychological comfort. Further, if the employee attends to a family member’s basic medical, hygienic, nutritional, or transportation needs, they are caring for the family member, even if the care isn’t part of ongoing treatment of the health condition.

Importantly, some courts throughout the United States have recognized that “the FMLA’s text does not restrict care to a particular place or geographic location. For instance, it does not say that an employee is entitled to time off ‘to care at home for’ a family member. The only limitation it places on care is that the family member must have a serious health condition.”