Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Are Healing Pilgrimages Protected Under the Family and Medical Leave Act (FMLA)?

By Michael Miller on October 25, 2011
Email this postTweet this postLike this postShare this post on LinkedIn

Probably not.  In Tayag v. Lahey Clinic Hospital, Inc., the First Circuit Court of Appeals held that an employee who accompanied her husband on a 7-week “healing pilgrimage” in the Philippines was not protected under the Family and Medical Leave Act (FMLA).  See 632 F.3d 788 (1st Cir. 2011).  The court reasoned that the healing pilgrimage did not qualify as medical care under the FMLA’s definitions of “health care provider” or “serious health condition.”
The only possible circumstance in which the court suggested that a healing pilgrimage might qualify for FMLA protection was in the case of religions that reject ordinary medical care—like Christian Science practitioners.  In that circumstance, the court explained that the employer would not need to provide duplicate FMLA leave for both ordinary medical care and spiritual care.
In Tayag, the employee’s husband did not reject ordinary medical care for religious reasons, so the religious exception did not apply.  The employee’s husband’s cardiologist also did not certify that the requested leave was medically necessary.  Therefore, the court held that the healing pilgrimage was not protected under the FMLA.

  • Posted in:
    Employment & Labor
  • Blog:
    Minnesota Employer
  • Organization:
    Taft Stettinius & Hollister LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo