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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102523
Experience:  Years of experience in running a medium sized law firm.
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I am a hospice medical social worker. From time to time we

Customer Question

I am a hospice medical social worker. From time to time we get FMLA forms from family members who are requesting intermittant leave. Generally, a hospice pt. is recieving comfort care and the only issue for an individual family member who is not providing around the clock care is for them to be able to leave their jub at the announcement that the patient/family member is taking their last breath. How do I get this stated by our hospice physician so that we are not falsifying any statements. Our physicians are willing to make this statement, but its the wording of the statement that our team is having a problem.
JA: The Employment Lawyer will need to help you with this. Anything else I can tell the Employment Lawyer before I connect you two?
Customer: no
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. FMLA allows leave to care for the employee’s spouse, child, or parent who has a serious health condition. If the hospice is caring for the patient, then arguably this would not satisfy FMLA, since the employee is not caring for the patient, the hospice is. There is no verbiage in the FMLA that allows an employee to leave work to see the patient's last moments, strictly speaking. So there is a conundrum. Because, the hospice's letter (called Certification of Health Care Provider for Family Member’s Serious Health Condition) justifying the employee's leave under FMLA to see the patient's last moments strictly is not proper under FMLA. The employee has to be taking care of the patient. So I am not sure exactly how to answer your question because your FMLA letter would be seeking justification for employee's absence under FMLA which does not exist. This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!