Family Medical Leave

My son fell on Thursady night. We took to Er. Er did not find the break. Friday I took him to a bone Dr. He has a broke hip. He is two years old. We are going to cast it on Tuesday. My question is does this fall under Family Medical Leave Act? & Where & How does it fall. As I am very worried I will be denied by my employer. As I will no longer have anyone able to take care of him.

1 answer  |  asked Mar 30, 2003 7:23 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
If your son requires "continuing treatment," you are covered

Assuming that you are eligible for FMLA (you have worked at least 1,250 hour and 12 months for this employer), you can take leave to care for your son's "serious health condition." A serious health condition includes an injury that requires either inpatient care at a hospital or "continuing treatment by a health care provider." Continuing treatment requires a period of incapacity of more than three consecutive calendar days that involves treatment two or more times by a health care provider.

Assuming that your child does not need to be in the hospital overnight, he almost certainly will require "continuing treatment." A broken hip in a cast will incapacitate him and he will need to see the doctor at least twice.

You need to notify your employer about your child's condition and ask for FMLA forms. They will include a medical certification. Give the certification form to your child's doctor and make sure that the doctor certifies both that your child will be incapacitated and will receive treatment at least twice.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Mar 31, 2003 11:09 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500