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My mother has Alzheimer's and has just been placed in

My mother has Alzheimer's...

My mother has Alzheimer's and has just been placed in hospice at a nursing home...I am her poa for health and finances.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

.I have applied for FMLA at the school district I work for and had the doctor send them the required documents....the school is asking if my mother is in hospice what is my role in her care to determine if they are going to approve intermittent FMLA. Mother was given 1-6 months until her death...I live 6 hrs away from her and need to be available to go to her if she is having a difficult spell and need to go to her nursing home. What do I say to the school

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to a union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Discussed this with the business mngrvat central office at my school

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Answered in 1 minute by:
5/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,266
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
No problem
Customer reply replied 3 months ago
Please answer me via this question/answer text box

So, it's possible that the employer may be violating federal law. Under the Family Medical Leave Act (“FMLA”) eligible employees may take up to twelve (12) weeks off of their position to care for themselves or a family member (a spouse, child, or natural/adoptive parent - no “in-laws”) that is dealing with a serious health condition. The employee is entitled to return to their same or similar job. A family member does not include in-laws, but does include a spouse and a child. or a parent. An eligible employee is one that has worked for their employer for the past twelve (12) months and has worked at least 1,250 hours in those past twelve (12) months. The employer must also be covered under FMLA before they are required to provide FMLA leave. A covered employer typically only has to have at least fifty (50) employees within a seventy-five (75) mile radius for at least twenty (20) workweeks in the current or preceding calendar year. Also, an employer is required to provide employees with notice of their rights under the FMLA And is required to provide you with notice of your FMLA rights when they have knowledge of a triggering event.

If your mother is close to death bed (I'm very sorry by the way) they should owe you this opportunity under FMLA and it is likely the US Dept. of Labor would agree. My recommendation would be that you should explain that you would be providing what's called palliative care to her.

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Customer reply replied 3 months ago
The business mngrvat response was...if your mother is being taken care of within the nursing home hospice unit then what CARE are you (meaning me) providing...I didn't know how to respond to such a question....
Customer reply replied 3 months ago
Manager

Yikes. You may need to consider a complaint to your department of labor regarding this because they are denying an opportunity that an administrative law judge that would probably give you.

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Customer reply replied 3 months ago
Oh my....my Mother is coming to the end of her life...I can't even imagine having to fight with my school as well...they aren't paying me if I have to travel back to PA so their not out of any money...don't understand why this has to be difficult

I can understand. How long do you plan on being gone?

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Customer reply replied 3 months ago
I'm not sure...it totally depends on my Mother's condition which is not going to get better....the doctor said she could live another month to 6 months. I wanted to be ready if they call and say I should come down to be with my Mother or to sign documents, etc. School ends June 26 and I am planning to travel to PA on June 27. My youngest daughter is flying in from California and my middle daughter is flying in from Florida to spend time with Nani. If Mother holds on longer than the summer and school begins again the end of August, I want to be able to jump in the car and head to Lancaster at the drop of a hat.
So the big picture is that we are talking about if Mother takes a turn for the worst in the next 6 weeks in the short term...or if she is still on this earth when school begins again the end of August and September.

I see what you mean. One of the things that you could do is try to negotiate with them if they're really that concerned. If you could spend part of your week out there and part of it back home, then that may help make things more predictable. You could also talk to them about not having to do an FMLA things, but rather just an extended leave of absence. This may have lesser job protections, but it'll free you. You could also tell them that providing you the FMLA is required under the law when you have a sick relative. Finally, you may want to suggest that this is your mother and the moral thing to do in this situation would be to let you spend the time with her to help care for her.

Unfortunately, I must sign off, but that doesn't mean I'm completely unavailable. You can continue to ask questions and you and I can pick up this conversation as early as 630am PST on Tuesday.

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Customer reply replied 3 months ago
Thank you so much...you have been a tremendous help and comfort...thanks

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Legal Eagle
Legal Eagle, Lawyer
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Customer reply replied 3 months ago
This is the email that I sent to the business manager at the school district where I work...I will also send you her response...not sure what to do nextFrom: Deborah Trout-Kolb <*****@******.***>
Date: Tue, May 15, 2018 at 10:20 AM
Subject: Re: FMLA
To: ***** ***** <*****@******.***>Good Morning Lesley;Thank you for your clarification.As Mother's oldest daughter and her Healthcare Power of Attorney, I will be providing Palliative care for Mother as she approaches the end of her life and
until her death.Because I am 6 hours away from Masonic Village in Pennsylvania, the plan is for me to administer Palliative care for my Mother, at the end of each week on
Thursday's, and Friday's as well as weekends beginning as soon as the FMLA is approved with the target date beginning May 24 and continuing until the end of the school year
or until her death.Respectfully submitted,Deborah Trout-Kolb
Customer reply replied 3 months ago
This is her reply:
Date: Wed, May 16, 2018 at 8:21 AM
Subject: Re: FMLA
To: ***** ***** <*****@******.***>Hi Deborah,
Thanks for your updated information.
I certainly appreciate your wanting to be with your mom at this time, especially being so far away. Based on the above provided information, your circumstance does not qualify for FMLA. I will send you the official response by the end of the week. However, any available leave time you still have may be taken and or requested and additional unpaid time may be approved with advanced notice. Please let Madeline know about your needs, so that appropriate coverage can be made ahead of time, if you already have made plans. If there is anything else I can do for you, please don't hesitate to ask.Lesley

Thanks so much for putting this. So, I hate to say this, but you may need to file a complaint with the department of labor for a violation of the FMLA rules. It seems like the justification for not providing it to you is specious at best. The DOL is the place you would have to go to file this complaint. It would be uncomfortable for sure; however, it is something your mom would probably want.

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Customer reply replied 3 months ago
Thank you...I was afraid of that. Once again, you have been a tremendous help

You're certainly welcome.

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