Family Medical Leave for child w/Learning Disabilities, ADD & ADHD?

Question

The child takes medication and visits the doctor every six months. He can feed and dress himself, ride the bus to and from school, play video games, watch tv, play with the neighborhood children, and ride his bike.

This child's dad applied for leave under FMLA in order to take care of his son. Two weeks after taking the leave, he was informed by his emplioyer it was not considered to be covered under the FMLA. At the end of summer the dad inquired about his job and he was told it was filled and no other jobs were available with the company.

The dad is in the process of trying to sue the company. He claims the FMLA was violated because he was not permitted to return to his job.

Do you feel this violated FMLA laws? In my opinion, I feel the dad just wanted to take the summer off. The child seems quite capable and not in need of extensive help from the dad.

Answer 1

FMLA can be a complicated law. It could be that the father did not work for the company long enough to be eligible for FMLA (1250 hours within a 12 month period) or that he did not meet other requirements (30 days written notice for a forseeable event, for example). However, the company only had 2 days to give him notice in writing that he was not eligible for FMLA, not two weeks. If the employer does not respond within 2 days, the employee may take the leave.

Here's more on FMLA:
http://www.employer-employee.com/fmla.html

Answer 2

. Does a child’s ADD and ADHD necessarily qualify as an FMLA “serious health condition”?

No, said the Sixth Circuit Court of Appeals in Perry v. Jaguar of Troy, 2003 WL 23025473 (Dec. 30, 2003), ruling that the employee, Jeffrey Perry, was not entitled to FMLA leave to stay home with his 13-year-old son for the summer.

Perry, who notified the company at the beginning of the summer that he was taking leave from June 13 until August 27 for “child care” reasons, made no reference to the FMLA and provided no medical certification for the leave. When Perry attempted to return to work at the end of August, the company informed him that it had filled his position and no other position was available. Perry then sued the company under the FMLA, seeking reinstatement and damages.

Perry argued he needed FMLA leave to care for his son, who because of attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD), and other learning disabilities, needed “intense, specialized care” and “extraordinary supervision.” The son, certified as “educable mentally impaired,” took medication to treat his impulse control problems and visited a doctor every six months to check his physical condition and the effect of the drugs. Perry argued that these conditions qualified as a “chronic or permanent serious health condition” under the FMLA. 29 C.F.R. § 825.114(a)(2)(iii). Perry argued he needed to be home with his son for the summer because his wife could not take off work and the family could not find affordable summer day care that would meet his son’s need for full-time attention in a “very controlled environment.”

In ruling against Perry and in favor of the company, the court found that Perry’s son’s conditions were not “incapacitating.” He could attend school and engage in the same daily activities in which most children engage – biking, swimming, playing video games, watching television, and playing with neighborhood friends. The court explained that the amount of supervision Perry’s son needed was no different from what a younger child with no learning disabilities may require. Such supervision would not be covered by the FMLA.

Answer 3

I am not sure if it falls under the FMLA act or not but they should have told him BEFORE he ever went on leave.

I do not know the family and would need much more info than one paragraph to have an opinion on whether or not him wanting to take the leave was justified

Answer 4

Valid reason for leave: to care for an immediate family member (spouse, child, or parent -- but not a parent "in-law") with a serious health condition "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: * any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or * a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or * any period of incapacity due to pregnancy, or for prenatal care; or * any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or * a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or, * any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.). So - this guy should have listened when they told him to come back.

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Answer 5

ADD and ADHD is not a reason to take a medical leave... thats ridiculous! I have ADD, my dad doesnt need a medical leave, my friend has ADD/ADHD and his parents dont need medical leaves... I've worked with ADD and ADHD children before and their parents dont need family medical leaves... that dad deserved to lose his job, its people like him that make it harder for someone to get a family medical leave when they desperately need it! he just wanted the summer off