The Family and Medical Leave Act provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave with continuation of group health insurance during the leave. Employers with 50 or more employees during 20 or more workweeks in the current or preceding year are covered by the FMLA.
FMLA leave is available to care for an immediate family member (spouse, son, daughter or parent) with a serious health condition.
In Ballard v. Chicago Park District (January 28, 2014) the Seventh Circuit Court of Appeals held that an employee’s trip to Las Vegas with her sick mother was leave under the FMLA.
Beverly Ballard took leave to care for her mother who was receiving hospice care for end-stage congestive heart failure. The mother expressed a dying wish to take a family trip to Las Vegas. During the trip, Beverly cared for her mother. The employer terminated Beverly’s employment while she was on the trip citing unauthorized absences. Beverly filed a lawsuit against her employer.
The employer argued that Beverly did not care for her mother and that the trip was not related to any continuing medical treatment. Beverly countered that she continued to care for her mother while they were away.
The Court held that care includes both physical and psychological care, and the FMLA is written in terms of “care,” not “treatment.” It also says that the language of the statute does not restrict care to a particular location.
This case is noteworthy because it seems to expand the definition of “care” under FMLA. Further, the decision creates a split in the circuit courts, which could prompt a future review by the U.S. Supreme Court.
