Watch for more FMLA claims about caring for aging parents

What's hot in Family and Medical Leave Act litigation? FMLA leave to care for a family member with a serious health condition. The aging population means lawyers will see more of these claims. Look at what the U.S. District Court for the Eastern District of Michigan sketched out on June 21 in Lane v. Pontiac Osteopathic Hospital. A son takes intermittent FMLA to care for his mother, who suffers from diabetes, high blood pressure, weight loss and arthritis. He misses three days of work to clean up her flooded basement. He is fired and sues for an FMLA violation but loses on summary judgment. Why? Here is the court: "Plaintiff has not shown that the three days of leave taken to clean up the flooding were needed to care for his mother. . . . the ‘FMLA does not provide leave for every family emergency.’ . . . Plaintiff is required to present evidence that his mother's basement had to be immediately cleaned for her basic medical, hygienic, or safety needs and that he had to do it because she could not." He didn't, so the court tossed his claim. Lawyers should expect more of these claims.