Sorry Fido, You Won't Qualify Your Owner for FMLA Leave
With recent articles such as New York Magazine's “The Rise of Dog Identity Politics” and the New York Times' "Dogs' Life (and Death) Is a Poignant Tale" describing the myriad ways that our pets (particularly dogs) have evolved to become integral members not just of one’s family household, but indeed society at large, the human resource professional may eventually be asked: “Can I take FMLA leave to care for my dog?” For example, an employee whose dog is undergoing major surgery or an intensive treatment regimen such as chemotherapy may try asking for leave to remain home while his or her dog recuperates.
Fortunately for the human resources folks, but perhaps unfortunately for Fido, there is a really easy answer to this question. “No.” The Family and Medical Leave Act applies exclusively to humans. Dogs and other pets are not covered.
If eligible for leave, an employee is entitled up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of a newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for a spouse, son, daughter, or parent with a serious health condition;
- to take medical leave when the employee is unable to work because of a serious health condition; or
- for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
In addition, the National Defense Authorization Act for FY 2008, which amended the FMLA, provides that an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness, is entitled up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the service member.
In sum, while employees should explore alternative leave options such as use of personal or vacation time, the FMLA (or any state version of the FMLA that we are aware of) will not apply.
