Maria Tayag worked at the Lahey Clinic Hospital and qualified for FMLA leave. Her husband Rhomeo suffers

Question:

Maria Tayag worked at the Lahey Clinic Hospital and qualified for FMLA leave. Her husband Rhomeo suffers from serious medical conditions, and Maria looks out for him: transporting him to medical appointments, preparing him food, aiding him in moving about the house, providing medications, and giving psychological comfort. Lahey consistently approved requests from Maria for FMLA leaves for one or two days. From August 7 to September 22, Maria and Rhomeo went to the Philippines with other pilgrims at the Pilgrimage of Healing Ministry at St. Bartholomew's Parish. Although Rhomeo received no doctors' treatments there, Maria assisted him by administering him medications, helping him walk, and being present in case his illnesses incapacited him. On July 8, Maria had requested FMLA leave to assist Romeo while he traveled, but did not inform Lahey that it was a spiritual pilgrimage. Lahey's benefits administrator requested certification from Rhomeo's doctors. The primary care doctor, without any medical detail, simply advised that Maria receive medical leave to accompany Rhomeo. On August 8, 2006, his cardiologist returned a form stating that Rhomeo was "not presently … incapacitated." Lahey's benefits person mailed letters to Maria on August 10 and 14, and left phone messages at her home stating that her leave was not approved. Not hearing any response from Maria, Lahey terminated her on August 18. Maria contends that she was entitled to FMLA leave because it was based on a faith healing and she provided assistance to her husband during the trip. Lahey contends that, in the context of FMLA definitions of health care provider and serious medical condition, Rhomeo did not receive anything amounting to medical care within the statute's meaning. Decide. [Tayag v. Lahey Clinic Hospital, Inc., 632 F.3d 788 (1st Cir.)]

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: