Employment Lawyers Can Answer Your Employment Law Questions
You can request time off under FMLA, but there is no guarantee it will be granted. FMLA allows you up to 12 weeks of unpaid, job protected leave in order to care for a "serious health condition" or serious health condition of a family member. The issue, therefore, is whether your wife's ongoing problems qualify as a "serious health condition" in her current state.
FMLA Section 101 (11) defines "serious health condition" as "inpatient care in a hospital, hospice, or residential medical care facility" or "continuing treatment by a health care provider."
See it here: http://www.dol.gov/whd/opinion/FMLA/prior2002/FMLA-67.htm
So if your best bet is to state that your wife is under "continuing treatment by a health care provider." This is the most broad category, and only requires that she be incapacitated for 3 consecutive calendar days. Again, incapacitated is a gray area.
BotXXXXX XXXXXne, all you can do is request the time and see what they say. If they say no, you will have to work something else out. I do not know the nature of your job, so can't make any suggestions (none of which would carry the force of law anyway).
But court's have found that something as minor as the flu or a virus can qualify under FMLA, so I think that your wife's issues would most likely qualify.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).