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FMLA does not cover faith healing trip

FMLA does not cover faith healing trip
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2011, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Tayag v. Lahey Clinic, ____F.3d____(1st Cir. Jan. 22, 2011), is both an interesting and important case. The First Circuit held that a company that fired a woman for taking unapproved time off to accompany her husband on a ?faith healing? trip did not violate the federal Family and Medical Leave Act. The circuit agreed with a lower court's finding that the trip, a seven-week ?healing pilgrimage? was not protected under the statute ?because it was effectively a vacation.? Such travel is not ?medical care? as defined by the FMLA, 29 U.S.C. §2601.

Mitchell H. Rubinstein

NYPPL Comments: In Sanni v NYS Office of Mental Health [USDC, EDNY, decided February 15, 2000], ?faith healing? was one of the issues in a disciplinary action.

Thomas Sanni, then employed in a grade 27 project director position at Kings Park Psychiatric Center, was served with disciplinary charges pursuant to Section 75 of the Civil Service Law.

Ultimately a hearing officer found Sanni guilty of 11 of the 14 charges filed against him. Among the charges for which Sanni was found guilty: ?Improperly participating in and supporting the decision to employ the minister of [Sanni?s] church to exorcise a patient 'possessed by spirits.'?
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Full post as published by New York Public Personnel Law on March 08, 2011 (boomark / email).