Legal Question in Medical Leave in Indiana

FMLA leave refused

My mother was hospitalized in Feb 2005 and was sent to a nursing home to recover It was then discovered she would not be able to live alone. I am an only child I lost my spouse a year ago and I have no one to help me with the things that need to be taken care of. I asked for 3 weeks to empty my mothers apartment and to take of issues such as medicaid and nursing home issues such as my mother fell and fractured her ankle as a patient there. I am in the process of moving her to a more convenient nursing home I was told today my request doesn't fit critera of fmla leaveI work for bmv of indiana and had no idea it would get turned down so I started 3 days ago because I need to have everything done by the end of april. I had no leave time available and so this throw me into lost time which means I can be fired and must return to work immeditely,means I will have accomplished very little and really throws me in a tailspin. I need help please?


Asked on 4/22/05, 2:27 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: FMLA leave refused

The FMLA permits leave to "care" for a parent with a serious health condition. Although your mother clearly suffers from a serious health condition, your employer is apparently taking the position that you are not going to be "caring" for her. Frankly, I am not so sure they are right. In my experience, caring for a parent does include the activities you have described. If you would like to discuss this matter further, please feel free to contact me at 317-955-9500.

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Answered on 4/25/05, 9:04 am


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