Partner Dena B. Calo, Director of the firm’s Human Resource Practice Group, and Associate Julia Ard O’Halloran discuss the topic of psychological care under FMLA in Thompson’s HR Compliance Expert. Their article, "Psychological Care Under FMLA: How Can an Employee Qualify" notes that courts look closely at the facts of each case to determine whether an employee is providing enough “care” to qualify for FMLA leave protection, and that different jurisdictions have held employees to different standards in determining what can constitute care for a family member under FMLA. Whereas generally an employee must show he or she is in close and continuing proximity to his or her family member, the expansive language of the courts suggests that it is not difficult for an employee to make a claim that he or she provided psychological care when the family member is in the hospital and is visited by the employee. For the full article, click here.
Tags: FMLA • psychological care • Dena Calo