Question

Under the FMLA, an employee is eligible for leave when he or she is needed to care for a family member. Should “needed to care for” be interpreted to cover only ongoing physical care? Discuss

Answer 1

Under the FMLA, an employee is eligible for leave when he or she is needed to care for a family member. The qualifying family member can be a child, a spouse or a parent having a serious condition with regard to health.

• The term "needed to care for" covers physical as well as psychological care under the FMLA. For example, taking care of a qualified member of family who, due to his serious health condition is not able to take care of his or her hygiene or needs to be taken to the doctor. Also, psychological comfort can be provided to a child who is receiving home care.
• It has to be noted that the employee may not be the only one who is available for taking care of the qualifying member of the family.