(a) The medical certification provision that an employee is
"needed to care for" a family member or covered servicemember
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. 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 substitute for others who normally care for the family member
or covered servicemember, or to make arrangements for changes in care,
such as transfer to a nursing home. The employee need not be the only
individual or family member available to care for the family member or
covered servicemember.
(c) An employee's intermittent leave or a reduced leave schedule
necessary to care for a family member or covered servicemember includes
not only a situation where the condition of the family member or
covered servicemember 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. See Sec. Sec. 825.202 through
825.205 for rules governing the use of intermittent or reduced schedule
leave.
[73 FR 68083, Nov. 17, 2008]
