Employees who take leave to care for a family member often have the ability to continue working during their leave if the caretaking obligations do not consume all of their time. If the employee asks to work limited hours while taking time off to care for a family member that is generally treated as a
caring for
Who Cares? The Mom of an Adult Daughter with a Brain Aneurysm Cares
By Jackson Lewis P.C. on
Posted in FMLA
In FMLA "caring for" cases, there is usually no dispute that the cared-for relative has a serious health condition. We have posted here, here and here about such cases.
But in Mezu v. Morgan State University, (D.Md July 29, 2013), that was precisely the issue. The plaintiff claimed her employer interfered with her…
Who Cares? DOL’s Roadmap on “Caring for” an Adult Child under FMLA
By Jackson Lewis P.C. on
A parent otherwise eligible for FMLA leave can use that leave to care for a child 18 years of age or older, if that child (1) has a “disability” under the ADA; (2) is incapable of self-care due to that disability; (3) has a “serious health condition” under the FMLA; and (4) needs care due…
Who Cares? The Mom of a Special Needs Child Looking for New Childcare Cares
By Jackson Lewis P.C. on
Posted in FMLA
Reading Hospital assigns parking locations to employees based on seniority, department location and shift. Caught using a purloined parking pass, plaintiff was reassigned to a remote parking location, which required her to take a shuttle bus from her worksite to her car at the end of the workday, which delayed her departure, which made her…
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, Where? Being There Required for FMLA “Caring For” Claim
By Jackson Lewis P.C. on
Posted in FMLA
Recall our recent posts about an employee who took the day off to clean his mother’s flooded basement and argued his absence was protected under the FMLA because he was “caring for” her, and about an employee who took two days off to provide “comfort and support” to his mother after she attended a friend’s…
Cleaning Mom’s Flooded Basement Is Not “Caring for” Mom Under FMLA
By Jackson Lewis P.C. on
Posted in FMLA
Cleaning mom’s flooded basement is not “caring for” mom under the FMLA, according to a Michigan federal district court. Because the three days of flood cleaning were not excused by the FMLA, the employer did not violate the FMLA by terminating plaintiff’s employment under its absence policy, according to the court.
In Lane v.