Single Mother Fired for Staying Home With Her Son When Schools Closed for Subzero Weather

[Savannahmann]

28. That's the beauty of the act

The determination is made by the medical professional, not the business. At most, the business can challenge it, but then it goes to a second opinion. Not many medical professionals are going to say that a child with special needs is perfectly able to care for themselves. Because then if anything happens, the medical professional risks a malpractice suit in which they stand to lose millions.

I am a bit more familiar with this act. My Cousin has a wife who is handicapped. From time to time, he must remain with her to provide care during episodic flare ups. He works for a company with roughly as many employees as Whole Foods. They are able to do nothing to stop him from staying home so long as it does not exceed twelve weeks, and remains within the estimated general time frame of the Doctor's instructions. Check out the forms, because this act can save your job if you have someone with a medical condition.

If the company denies the protections, then it goes to the DOL for review. Most companies don't want to take that route because the fines for doing so improperly are horrific. It is cheaper to just accept it and report it and get credit for being in compliance than it is to try and fight it.

WARNING if you are considering doing so for your own medical condition put some thought into it. Because I have seen companies claim that the physical issues outlined in employee's (not dependents) FMLA would prevent them from safely carrying out their duties.

But generally speaking, FMLA is a godsend to working families.