My daughter was recently diagnosed with Mesial Temporal Sclerosis and we are still trying to control it. My boyfriend who lives with me and provides financial support to our family has missed alot of work due to my daughters episodes and doctor visits since the doctor is located an hour away (he drives us). His work said that he should file for FMLA and that my daughter even though she is not his is covered under it. Also we don't need something where he will be off for months at a time. It's more of an as needed basis since we never know when she is going ot have a bad seizure and after affects. So i'm here looking at this paperwork...What do I put down under relationship since it's not his legal step child and not her bilogical father? Do I still put down daughter? Also it says "describe the care you will provide to your family memeber and estimate leave needed to provide care". What exactly do I put down? Should i put down that we only have one vehicle and two other children in the house and he provides the rides to the ER and doctor visits? That we take turn taking care of the child while the other one tends the other children? I'm confused. Anyone please help me out. Any other information I should know that you know LET ME HAVE IT! Thanks Oh I live in Pa if that matters any oh and by the way her real father is active in her life but he is in the military and leaving again for a third tour this winter for a year and wont be around to help period. Don't know if that matters any?
Is he a legal guardian at all? I would call his HR and ask them to guide you through these questions.
Yes he is eligible under the "in loco parentis" clause of FMLA. From the DOL's website (http://www.dol.gov/whd/regs/compliance/whdfs28B.htm):
FMLA definition of "son or daughter"
The FMLA defines a "son or daughter" as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. See 29 USC 2611(12). The broad definition of "son or daughter" is intended to reflect the reality that many children in the United States live with a parent other than their biological father and mother. Under the FMLA, an employee who actually has day-to-day responsibility for caring for a child may be entitled to leave even if the employee does not have a biological or legal relationship to the child.
And here is some info on intermittent leave, which is what he'll be asking for (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&...)
(1) Intermittent leave may be taken for a serious health condition of a parent, son, or daughter, for the employee's own serious health condition, or a serious injury or illness of a covered servicemember which requires treatment by a health care provider periodically, rather than for one continuous period of time, and may include leave of periods from an hour or more to several weeks. Examples of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy. A pregnant employee may take leave intermittently for prenatal examinations or for her own condition, such as for periods of severe morning sickness. An example of an employee taking leave on a reduced leave schedule is an employee who is recovering from a serious health condition and is not strong enough to work a full-time schedule.
Hope that helps!
I would call his benefits manager at his job. Have them walk you through it.
most of the paperwork your doctor can fill in. as for the relationship i'm not sure
If he is eligible, go for it. Don't listen to anyone who encourages you to lie on an application. I would not do anything fraudulently. It can be used against you if you apply for other benefits or if you become involved in a lawsuit. My SIL's husband has attempted to commit fraud several times and all the past issues come up every time.
Unless you are married or he adopts your daughter (which doesn't look like that will happen since her dad is active in her life), he can't file for family leave and if he did could be charged with fraud. (not a good thing).
Also I think family leave isn't paid for a day at a time (at least in CA), one can file for a certain number of weeks or months.
However, nice that you have two good men who love your child. I wish you all the very best.
Blessings.....
A domestic partnership (BF or other domestic relationship) is not part of FMLA. But you can try to apply.
I'd make the driving bit very small and factual (i.e. drive 2.5 hours to doctor office) and add assist child in getting in and out of car, administer medicines in a timely fashion, etc. Keep your facts based in overall care of that one child who is in need.
Her father should be listing her on his insurance at the very least so that should help in that way.
Thank goodness they offered to let your special someone do this.
Here's a good resource for you:
http://www.dol.gov/compliance/laws/comp-fmla.htm
From a quick look, it doesn't look like he will be eligible....wondering why they encouraged him to apply?
