Opinion by Judge FISHER; Dissent by Judge FERNANDEZ.
FERNANDEZ, Circuit Judge,Dissenting.
I dissent from the decision that Scami-horn may be entitled to relief against his employer, Albertson’s, Inc., on the theory that it deprived him of benefits under the Family Medical Leave Act. See 29 U.S.C. § 2612. This should be an easy case, which is clearly outside of the coverage of that Act. Really, it is.
Scamihorn makes the amazing claim that he had to leave his job and impose the burden of keeping it open for him upon his employer because he had to “care for” a parent who had “a serious health condition.” 29 U.S.C. § 2612(a)(1)(C). I say amazing because the parent in question, a married man living with his wife, was able to and did care for himself. He took care of his own medical, hygienic, nutritional, and safety needs. He was not receiving in-patient or home care. He was able to drive about. See, e.g., 29 C.F.R. § 825.116(a); see also 29 C.F.R. §§ 825.113, 825.114. In fact, he continued to work full time at his job, which required him to drive some 50 miles each way to and from the place of his employment. This is the married man who is allegedly so needy that Albertson’s was required to give Scamihorn twelve weeks off so that his father could be taken care of.
That is not to say that Scamihorn’s father was not burdened by a great sorrow brought about by the death of a daughter; of course he was. Who would not be so burdened? Nor is it to say that Scami-horn’s father did-not derive some comfort, and did not enjoy some assistance,1 from his son; of course he did. Who would not? But it is to say that I find it highly doubtful that Congress passed the FMLA for the purpose of forcing employers to accommodate workers who desire to care for a relative who is perfectly capable of caring for himself and is doing so. If Congress had intended that the statute be that broad, it surely could and would have said so. But Congress had to balance concerns on both sides and only decided to burden employers when the situation was truly serious and the afflicted person truly needed care. To say that Scamihorn’s father was unable to care for himself would not only insult an obviously active man,2 but also would twist the FMLA almost beyond recognition.
Thus, I respectfully dissent.
. Performance of some household chores, and occasional driving.
. Also, it could easily be an insult to his helpful wife, with whom he was living.