Legal Question in Medical Leave in Kentucky

FMLA for wife and for son

My wife works for the VA. Are son is disabled with Cerebral Palsy. She has Intermitten FMLA to care for him when he is sick or in hospital(2 days in last 6 months) She is scheduled to have suregery and her manager says she can not use FMLA to be off because she already has FMLA for my son. How does this work. She has only used the 2 days of the 12 weeks. Your help is appreciated


Asked on 3/10/09, 1:10 pm

1 Answer from Attorneys
Andrew Dutkanych III Biesecker & Dutkanych

Re: FMLA for wife and for son

If her surgery independently qualifies for leave under the FMLA, then she is entitled to take the leave regardless of whether she also utilizes leave to care for your son. Of course, as you anticipated, she can only take a total of 12 weeks. If you need further legal assistance, please feel free to contact me at [email protected] or th enumber in my profile.

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Answered on 3/11/09, 8:40 pm


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