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JPEsq, Lawyer
Category: Employment Law
Satisfied Customers: 5106
Experience:  Experience as both corporate in-house counsel and private counsel
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My wifes mother passed 1 yr. ago. Father just died 8/11/2012.

Resolved Question:

My wife's mother passed 1 yr. ago. Father just died 8/11/2012. We live out-of-state. As the only heir to her parent's estate, she needs to take care of probate issues, issues related to sale or rent of house, etc. She just was released from hospital 8/9/12. Her mobility is somewhat limited-muscle stiffness, knee replacement, arthritis, etc. I need to help her take care of these matters, but I've used all of my vacation time for the year. Can I request time off under the fmla? If not, what options do I have? Don't want to get fired after 27 years with company.
Submitted: 5 years ago.
Category: Employment Law
Expert:  JPEsq replied 5 years ago.

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:


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.

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