An employee may take leave under the FMLA to care for a child with a serious health condition, even a child 18 years of age or older who is incapable of self-care due to a disability. But an employee may not normally take FMLA leave to care for a grandchild. A recent decision by the
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Who Cares? A Daughter Who Goes to Vegas with Her Terminally Ill Mom Cares
By Jackson Lewis P.C. on
Posted in FMLA
What happens in Vegas stays in Vegas, usually, but not in this case. What happened in Vegas was scrutinized because the plaintiff claimed that her absences for her trip there were protected by the FMLA because she was “caring for” her mother on her mom’s end-of-life trip. A charitable organization which grants wishes to persons with…
Who Cares? A Son Deciding Whether to Remove His Mother From Life Support Cares
By Jackson Lewis P.C. on
Posted in FMLA
Courts have struggled to determine who “cares for” a covered family member under the FMLA and who seeks leave for compassionate reasons which fall short of the “caring for requirement. See, e.g., Who Cares, Where? ; Who Cares? And Who Merely Assists Under the FMLA? The Sixth Circuit has held that an employee who sought…