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LEGAL EASE

Let’s look at some scenarios.

Can you take off to care for your dying uncle? No, he’s not a
parent, child or spouse. Can you take time off to drive your mom
back and forth to her regular doctor visits? Probably not, because
it’s not a serious medical condition. Can a gay employee take time
off to care for his critically ill partner? Probably not in those states
which don’t recognize gay marriage, although some federal courts
may well rule to the contrary. A Texas federal judge recently didn’t
allow it although the Supreme Court will likely soon settle the
matter. Can a husband take time off to care for his newborn child
even though he obviously wasn’t the one who was pregnant? Yup,
FMLA treats moms and dads the same.

Now that you’re an expert in FMLA, you should have no trou-
ble identifying when you or your employees can invoke it. It’s a
potent law intended to assure that employees can get unpaid time
off, without risk of losing their position, in order to address par-
enthood and to deal with important medical issues facing them-
selves and their immediate family.
George F. “Rick” Evans Jr., is the founding partner of Evans, Rowe & Holbrook. A graduate of Marshall College of Law, his
practice for 36 years has been exclusively dedicated to the representation of physicians and other healthcare providers. Mr. Evans is
the BCMS general counsel.

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