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FMLA for family member

Discussion in 'Medical Leave & Disability' started by Balila, Mar 13, 2015.

  1. Balila

    Balila Law Topic Starter New Member

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    Would an employee qualify for FMLA to care for healthy 1yr. old child because the spouse is disabled and unable to safely care for child? Daycare and babysitter were not options during this time , due to work schedule. Or would the child have to be disabled?
     
    Last edited: Mar 13, 2015
  2. cbg

    cbg Super Moderator

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    No, that is not a valid use of FMLA. FMLA is not for babysitting. If the employee had to care for the disabled spouse, that would be a valid use of FMLA, but caring for a healthy child is not, even if the spouse is disabled.
     
  3. ElleMD

    ElleMD Well-Known Member

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    FMLA is not intended to cover for a lack of daycare. If the child was under a year old, you could take FMLA for bonding purposes but that right ceases once the child has had his first birthday (or one year after adoption/foster care placement). Now if your wife is so ill due to her disability that she is unable to care for herself or the child, you could take FMLA to care for her. The fact that you are also providing care for the child would not change this.
     
  4. Betty3

    Betty3 Super Moderator

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  5. army judge

    army judge Super Moderator

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    If you leave your child ALONE with your severely disabled spouse, so infirm such that she is unable to attend to herself or the baby properly, is a time bomb that will one day explode!!!
     
  6. cbg

    cbg Super Moderator

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    Which does not change the fact that the time does not qualify for FMLA.
     

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