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Content Last Revised: 1/6/95
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 825  

The Family and Medical Leave Act of 1993

 

 

 

Subpart A  

What is the Family and Medical Leave Act, and to Whom Does It Apply?


29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member?

  • Section Number: 825.116
  • Section Name: What does it mean that an employee is ``needed to care for'' a family member?

    (a) The medical certification provision that an employee is ``needed 
to care for'' a family member encompasses both physical and 
psychological care. It includes situations where, for example, because 
of a serious health condition, the family member is unable to care for 
his or her own basic medical, hygienic, or nutritional needs or safety, 
or is unable to transport himself or herself to the doctor, etc. The 
term also includes providing psychological comfort and reassurance which 
would be beneficial to a child, spouse or parent with a serious health 
condition who is receiving inpatient or home care.
    (b) The term also includes situations where the employee may be 
needed to fill in for others who are caring for the family member, or to 
make arrangements for changes in care, such as transfer to a nursing 
home.
    (c) An employee's intermittent leave or a reduced leave schedule 
necessary to care for a family member includes not only a situation 
where the family member's condition itself is intermittent, but also 
where the employee is only needed intermittently--such as where other 
care is normally available, or care responsibilities are shared with 
another member of the family or a third party.
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