In the absence of an in-loco parentis relationship between the employee and her grandparents or aunts with serious health problems, an employee cannot take FMLA leave to care for them.
Can I Use Fmla To Care For My Grandmother?
Employees can take care of themselves or their minor or adult child, parent, grandparent, grandchild, sibling, spouse, or domestic partner while on leave. There are several categories of family and medical leave that are not covered by the Federal Family and Medical Leave Act (FMLA).
What Relatives Qualify For Fmla?
A FMLA employee may take leave to care for a family member (child, spouse, or parent) with a serious health condition when they are eligible for FMLA leave. A son or daughter is defined as someone who stands or stands “in loco parentis” for an employee.
How Does The Extended Family Leave Under The Fmla Work?
The employee is entitled to up to 12 weeks of job-protected, unpaid leave during any 12-month period if he or she is covered and eligible under the FMLA and is needed to care for a spouse, daughter, son, or parent with a serious health condition.
Is Caring For A Grandchild Covered Under Fmla?
A grandparent cannot receive FMLA leave to care for a grandchild from a literal standpoint. In loco parentis, the grandparent stands in front of the grandchild. In the case of grandparents, they take care of the grandchild, which is the child of the grandparents.
Does Caring For An Elderly Parent Qualify For Fmla?
Employees who have a parent with serious health problems who is under the age of 65 can take unpaid leave under the FMLA. Employees may take up to 12 weeks of unpaid leave annually to care for ailing family members, including elderly parents, under the FMLA.
Who Is Considered Immediate Family For Fmla?
A family member who needs immediate care (e.g. A serious health condition is a condition that requires the hospitalization of a family member (e.g., a spouse, child, or parent). An employee who is unable to work due to a serious health condition can take medical leave.
Can I Take Fmla To Care For My Sister?
Employees of covered employers who are eligible for FMLA leave can take unpaid, job-protected leave for their own health or to care for a family member, including to care for the spouse, child, or parent of a seriously ill family member. There is no list of siblings.
Can I Take Fmla For My Niece?
According to the DOL interpretation, employees may be entitled to FMLA protections if they take leave to care for a grandchild, niece, or friend with a serious health condition that she parents, for example.