FMLA, know anything about who qualifies for time?

shortbun

<font color=green>Peacenik<br><font color=purple><
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My Dad is dying. He lives over an hour from here and I need some time off to help my mother and comfort/help my Dad. They have hospice and are calling in other home health care people but Mom will go crazy with strangers in the house and so will Dad. They are both pretty paranoid and suspicious of people they don't know. I feel I need to be there to help my siblings, who also both have full time jobs, and to run interference for the kind and wonderful people who are there to help but will be getting resistance. I know home health care people are accustomed to this but having another family member around will help my parents too. I was able to be the go between for my aunt when she was dying and it helped her alot. What I don't know is if I qualify for FMLA because I am not technically the primary care giver; my mother is. She's 78 and exhausted. She's going to get sick without lots of help quick. Unfortunately, I do not trust my employer to provide me with accurate information. I'd like to begin inquiries with some information already under my belt. I'm going to take a personal day this week and meet with the hospice folks. Perhaps they can help me prepare for the application. I'm also going to be between my parents home and my own home as my son is only 11 and my husband won't always be able to be the sole care giver for him.
Geesh. So much to think about. I just want to spend some quality time with my Dad while he is still living. He's a mess and I think I can make a difference.
My sister just spent three FULL days working on paperwork, hospice and insurance stuff. How do people without children or money do this? Nightmare.
 
I believe you are eligible.

to care for an immediate family member (spouse, child, or parent) with a serious health condition;

In the short version--there is no qualification that you must be the primary caregiver of that person.
 
http://www.dol.gov/esa/whd/fmla/

Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.


Q: Who is considered an immediate "family member" for purposes of taking FMLA leave?

An employee’s spouse, children (son or daughter), and parents are immediate family members for purposes of FMLA. The term "parent" does not include a parent "in-law". The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).
 
I just wanted to say I'm sorry for what you are going through :hug:
 

You might also want to check your state rules, which might be even more permissive than the federal government's. I believe in Connecticut, for example, you are allowed 16 weeks of unpaid leave instead of 12.

So sorry you are going through this.
 
i also am so so sorry you are going through this, i hope and will pray you will get the time off to be with your family during this time.
 
my neighbor just filed FMLA to help care for her father. Her employer suggested she do this, and also informed her that the 12 weeks did NOT need to be taken consecutively, just within the 12 month period. This was very helpful for her when she needed to take a day or two a week to deal with her father's affairs.
Make sure you check on that too.
Best of luck as you go through this difficult time.
 
We use FMLA a lot here. If I am out of work sick over 3 days, not a cold, but anything else, I have ot go to the DR and he has to sign FLMA papers regarding what ailment I have. It a big pain, but it does stop disiplinary action at work.

You can be out to care for a family member. I used it once when DH has knee surgery and I had to be here to help him out. In that case, his DR signs the papers for it.

I know you can take unpaid FMLA time in your case, but you have to qualify. So many hours of work in the past 12 months I think. That site referenced above should be what you need to look at. Good luck and :grouphug:
 
my neighbor just filed FMLA to help care for her father. Her employer suggested she do this, and also informed her that the 12 weeks did NOT need to be taken consecutively, just within the 12 month period. This was very helpful for her when she needed to take a day or two a week to deal with her father's affairs.
Make sure you check on that too.
Best of luck as you go through this difficult time.

Yep this is true too. You can take the time when you need it, it doesn't have to be all at once. This is also on the form for approval.
 
and also informed her that the 12 weeks did NOT need to be taken consecutively, just within the 12 month period. This was very helpful for her when she needed to take a day or two a week

I want to emphasize this, as most people don't know. You don't have to take the 12 weeks consecutively! You can take days, or even hours if your employer allows. That way the 12 weeks of FMLA can be spread out over a period of months if it needs to be.
 
I want to emphasize this, as most people don't know. You don't have to take the 12 weeks consecutively! You can take days, or even hours if your employer allows. That way the 12 weeks of FMLA can be spread out over a period of months if it needs to be.


We have 3 people in our office who take "intermittent" FMLA. One has it due her son being diabetic, one has an elderly mother who has been in and out of the nursing home & hospital, and one has it for her own health issues. Our employer allows it by the hour.
 
Once again, the DIS knows all. Thanks for your help and expressions of concern guys. I know it's going to be a roller coaster and I really want to be there for my parents, brother and sister.
 
you just have to make sure your employer has enough employees (50) to be covered by fmla, and that you worked enough hours the last year to qualify (if you were ft it should'nt be a problem). the application is very simple-one page. the doctor's certification is something the md can fill out in a minute at an office visit (or with some md's they will let you drop it off and pick it back up).
 
I have no info, but I just wanted to say I am sorry your dad is so sick. I understand how hard that is and it is so wonderful that you want to take te time to be with them and help. Prayers and hugs for you and your family.
 

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