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1st Circuit Hears Arguments On Whether FMLA Covers Accompanying Spouse For Faith Healing

By Howard M. Friedman

Corporate Counsel reports that on Thursday the 1st Circuit Court of Appeals heard oral arguments in Tayag v. Lahey Clinic Hospital, Inc.  One of the issues in the case is whether the federal Family and Medical Leave Act provides leave for caregivers accompanying sick family members who are seeking spiritual healing.  Plaintiff was terminated by her employer for taking unauthorized leave when she accompanied her ill husband to their native Philippines for a seven-week trip. The couple spent 3 and a half weeks at a healing program at a Catholic church and then made religious pilgrimages to other churches in the Philippines as well. They also saw friends and family while in the Philippines. The decision under appeal was handed down by a Massachusetts federal district court in January. (Full text of decision.) The trial court held that

It is far from clear that caring for a seriously ill spouse on a trip for non-medical religious purposes is a protected activity under the FMLA.  Even if caring for a sick spouse on a trip for faith-healing were protected because of its potential psychological benefits, it is undisputed that nearly half of the Tayags? trip was spent visiting friends, family, and local churches.  The FMLA does not permit employees to take time off to take a vacation with a seriously ill spouse, even if caring for the spouse is an ?incidental consequence? of taking him on vacation. 

Full post as published by Religion Clause on November 07, 2010 (boomark / email).