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fmla
- Thread Starter jmhweld
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Proserpina
Moderator
I'm not seeing going to court as a FMLA-covered absence.
cbg
Super Moderator
FMLA is for MEDICAL leave. You cannot use FMLA for this.
Betty3
Well-Known Member
Sorry but that is not covered by FMLA. FMLA is leave for the arrival of a new child, to care for a family member suffering from a serious health condition & to deal with the employee's own serious health condition.
Proserpina
Moderator
Admittedly, that's a pretty creative attempt at trying to get FMLA to cover it. 
Betty3
Well-Known Member
Good try. ........................
cbg
Super Moderator
FMLA stands for Family Medical Leave Act, not Family OR Medical Leave Act.
If the leave is not medical, it is not FMLA.
If the leave is not medical, it is not FMLA.
Betty3
Well-Known Member
Actually FMLA stands for The Family and Medical Leave Act.
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
Leave can be used to care for newborn, even newly adopted or newly placed foster child which wouldn't "exactly" be called medical leave. It's more family leave but still wouldn't apply in OP's case.
http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
Leave can be used to care for newborn, even newly adopted or newly placed foster child which wouldn't "exactly" be called medical leave. It's more family leave but still wouldn't apply in OP's case.
cbg
Super Moderator
However, the point is that it's NOT leave for anything related to family. Even if not strictly medical, there are specific eligible situations and going to court for custody issues is NOT one of them.
Betty3
Well-Known Member
My point though was to clarify the above - that it is not always medical leave. It's family *and* medical leave --- can take leave for adoption (family leave) etc. as I noted previously. I assume that it why it is called The Family AND Medical Leave Act. I did state would not apply in OP's case.
Unless you were adopting these kids or they were being placed with you as part of foster care, FMLA would not apply. A simple change of custody from family member X to you isn't covered.
Fellow posters, let's not get into a game of correcting minor grammar errors that do not affect the answer. It just confuses posters and makes it look like answers which are totally correct are unreliable. We are all among friends here
Fellow posters, let's not get into a game of correcting minor grammar errors that do not affect the answer. It just confuses posters and makes it look like answers which are totally correct are unreliable. We are all among friends here
Betty3
Well-Known Member
Re my posts, just didn't want people who might read this thread believe FMLA only applies to medical leave. (it was a clarification)
cbg
Super Moderator
Given that the ONLY non-medical reason FMLA can be used for is adoption and/or foster care, not always for foster care and that even within the statute adoptions is closely tied to birth, which is medical, I think the point stands on its own.
Betty3
Well-Known Member
Everyone has his/her opinion. I just didn't want any incorrect info re FMLA in thread. (It's called Family & Medical Leave due to not *always* medical.) Agree though that generally medical - OP's case would be closer to family leave though FMLA doesn't cover this type of family leave.
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