FMLA laws

does FMLA cover someone who calls in sick because his mother is in the hospital

Asked on June 16, 2009 under Employment Labor Law, Michigan

Answers:

R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

FMLA defines "family member" as including a parent, so if you are eligible for FMLA leave (that is, have been employed by your employer for a least 12 months and worked at least 1,250 hours, and if your company employs 50 or more employees within 75 miles of the worksite) and if your mother was seriously ill, your helping to care for her in the hospital would be covered under FMLA.  But, your question says that you didn't report that you were caring for your mother but that called in sick, as if you yourself were sick. That is not a legitimate use of FMLA, and in fact, your employer could penalize you for misusing company sick leave as well


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