Treatment During House Calls by a Health Care Provider Are Not Covered by the FMLA, Sixth Circuit Finds

Robin Morris was terminated from his position as store manager for Family Dollar following his return from a week of approved leave to visit his mother.  During his visit, his mother underwent an outpatient needle biopsy of a lump in her left breast.  Immediately following the biopsy, the mother was hospitalized.  On her release from the hospital the mother was bedridden for at least four consecutive days. During this time the mother complained of headaches, stomach problems, dizziness form the anesthesia administered during her biopsy, and pain and discomfort in her breast.  The mother testified that Morris "had to take care of her every day needs" during this period.  Morris testified that, post-biopsy, his mother needed help getting in and out of the shower and with household chores, that she had trouble walking. When asked during deposition whether he considered his mother to be incapacitated, he said "no."  Follow-up visit with her doctor 10 days after the biopsy the mother confirmed that the lump was benign.