QUESTION PRESENTED
Under the Family and Medical Leave Act (FMLA), which provides that an eligible employee is entitled to leave in order to care for a parent who has a serious health condition, is Linda Duram entitled to leave to care for her grandmother, when her grandmother raised her and needed medical assistance when traveling to a funeral?
SHORT ANSWER
Yes. Linda Duram is most likely entitled to leave, under FMLA, to care for her grandmother while traveling to attend a funeral. Under the FMLA, an eligible employee may take leave in order to care for a qualified relative with a serious health condition. Ms. Duram’s grandmother stood in loco parentis to Ms. Duram and thus is a qualified relative under the Act. Additionally, her grandmother …show more content…
On July 7, 2014, Ms. Duram applied for five days leave under the Family and Medical Leave Act (FMLA) in order to provide medical assistance to her sick grandmother while she was traveling to attend her sister’s funeral.
Signs Inc. denied Ms. Duram’s request for FMLA leave, reasoning that FMLA does not apply to the care of a grandparent, the Act does not apply to care while traveling, and that the Act does not apply to funerals. Signs Inc. suggested that Ms. Duram take her two days of vacation time that she earned but warned that if she was absent for longer than two days she would be disciplined and potentially discharged. Despite the denial of her request, Ms. Duram was absent from work for five days to care for her sick grandmother while traveling.
Ms. Duram’s grandmother, Emma Baston, suffers from end-stage congestive heart failure and needs significant medical care and weekly visits with her doctor. Because of her condition, she cannot walk, take medications, nor feed, bath, or clothe herself without assistance. Additionally, she requires a wheelchair, oxygen, a heart pump, and several medications. According to her doctor, Maria Oliver, Ms. Duram’s grandmother had to be accompanied on her trip by someone familiar with her medical needs in order to provide her with needed medical care. Because Ms. Duram has been caring for her grandmother for the past two months, she has learned how to transport her into and out …show more content…
House, an employee, Carson, requested leave to care for his grandson, David, after surgery. The court noted that David spent summers and holidays at Carson’s and that Carson provided some financial support to David while he was in college. Id. at 805. However, the court held that these efforts are similar to the role of a grandparent not a parent, and thus Carson did not stand in loco parentis to David. Id. at 805. However, the Court additionally noted that in a previous case a grandparent who lived with the child, took the child to school and doctors’ appointments, and provided everyday financial support to the child did stand in loco parentis to the child. Carson, 460 F.3d at 804 (citing Phillips v. Franklin City Park District, (Fr. Ct. App.
Under the Family and Medical Leave Act (FMLA), which provides that an eligible employee is entitled to leave in order to care for a parent who has a serious health condition, is Linda Duram entitled to leave to care for her grandmother, when her grandmother raised her and needed medical assistance when traveling to a funeral?
SHORT ANSWER
Yes. Linda Duram is most likely entitled to leave, under FMLA, to care for her grandmother while traveling to attend a funeral. Under the FMLA, an eligible employee may take leave in order to care for a qualified relative with a serious health condition. Ms. Duram’s grandmother stood in loco parentis to Ms. Duram and thus is a qualified relative under the Act. Additionally, her grandmother …show more content…
On July 7, 2014, Ms. Duram applied for five days leave under the Family and Medical Leave Act (FMLA) in order to provide medical assistance to her sick grandmother while she was traveling to attend her sister’s funeral.
Signs Inc. denied Ms. Duram’s request for FMLA leave, reasoning that FMLA does not apply to the care of a grandparent, the Act does not apply to care while traveling, and that the Act does not apply to funerals. Signs Inc. suggested that Ms. Duram take her two days of vacation time that she earned but warned that if she was absent for longer than two days she would be disciplined and potentially discharged. Despite the denial of her request, Ms. Duram was absent from work for five days to care for her sick grandmother while traveling.
Ms. Duram’s grandmother, Emma Baston, suffers from end-stage congestive heart failure and needs significant medical care and weekly visits with her doctor. Because of her condition, she cannot walk, take medications, nor feed, bath, or clothe herself without assistance. Additionally, she requires a wheelchair, oxygen, a heart pump, and several medications. According to her doctor, Maria Oliver, Ms. Duram’s grandmother had to be accompanied on her trip by someone familiar with her medical needs in order to provide her with needed medical care. Because Ms. Duram has been caring for her grandmother for the past two months, she has learned how to transport her into and out …show more content…
House, an employee, Carson, requested leave to care for his grandson, David, after surgery. The court noted that David spent summers and holidays at Carson’s and that Carson provided some financial support to David while he was in college. Id. at 805. However, the court held that these efforts are similar to the role of a grandparent not a parent, and thus Carson did not stand in loco parentis to David. Id. at 805. However, the Court additionally noted that in a previous case a grandparent who lived with the child, took the child to school and doctors’ appointments, and provided everyday financial support to the child did stand in loco parentis to the child. Carson, 460 F.3d at 804 (citing Phillips v. Franklin City Park District, (Fr. Ct. App.