FAQ-Does the FMLA cover grandparents?

FAQ - Does the FMLA cover grandparents?

 

Q.   We have an employee who is taking time off to care for her grandchild''s serious health condition.   The mother of the child is a minor who is living with the child at this employee´s home.   As a grandmother, does she have protection under the FMLA?

 

A.   In general, leave eligibility under the FMLA includes circumstances where the employee needs to care for a child, parent or spouse.   FMLA does not usually cover leave to care for a grandchild.   Leaves of absences in order to care for seriously ill grandchildren, siblings, grandparents, aunts, or uncles will most likely fall in accordance to the company''s leave policy.    

 

However, there is the legal concept of "in loco parentis." In essence, this means that a grandparent could be considered a "parent" if it is determined that this individual played a parental role in the child''s life.   This is not to say that the grandparent simply visited the child frequently throughout the child''s life, but that they provided a more active and financial role in the child''s life.   For instance, was the grandparent the child''s legal guardian? Or did the grandparent financially support the child in his/her upbringing?

 

Unfortunately Hr.COM is not in a position to provide legal advice. If you are in a situation where you are an employee who would like to take FMLA leave or know of an employee who would like to take FMLA to care for a grandparent, aunt, or uncle, you should consult with the US Department of Labor, a labor attorney, or your State Department of Labor.   Each of these sources should be able to provide you with some additional information concerning this issue.   I have also include a link from the US Department of Labor website that outlines information concerning FMLA guidelines.

 

http://www.dol.gov/dol/esa/fmla.htm