[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR825.116]



[Page 757-758]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 825_THE FAMILY AND MEDICAL LEAVE ACT OF 1993--Table of Contents

 

Subpart A_What is the Family and Medical Leave Act, and to Whom Does It 

                                 Apply?

 

Sec.  825.116  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



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another member of the family or a third party.