FMLA and adult children and in-laws

sandra_d

We are unclear as to whether the FMLA requires employers to give FMLA leave to care for an adult child ... we've had employees requesting FMLA leave to spend time with their daughters who've recently given birth, stating that they wish to "help and care for their (adult) child who has just given birth". Or, what about when an adult child has had surgery, etc.? Also, it is our understanding that FMLA does NOT apply to a leave to care for parent-in-laws, or son/daughter in-laws. Is this true?

NaeNae55

My neat little handbook, "FMLA Leave: A Walk Through the Legal Labyrinth" which I got from this site states that it applies to "a child for whom the employe is standing in loco parentis...a Latin term that means 'in place of the parents'". So the child must be under 18 or incapable of taking care of themselves.

The parent must be biological parent or one who stood in loco parentis. The handbook specifically excludes in-laws.

So FMLA doesn't really cover the situations you mentioned. However, nothing in the law prevents you from going above and beyond the requirement. Just remember that you set a precedent and must continue whatever you start.

Good luck!

Brad Forrister

Thanks for the plug, NaeNae55.

If you're a member, you can find that report in its entirety by logging in (click on Login in the upper right hand corner of the home page), then clicking on FMLA in the Special Reports section.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

AnneLa

Remember that some states have specific laws that go above and beyond the Federal mandates. RI is one of them. We are forced to recognize in-laws.......

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 10-25-02 AT 01:55PM (CST)[/font][p]I disagree with NaeNae that an adult child who has had surgery could not trigger FMLA. In my opinion, the adult child who has had surgery and is incapable of caring for himself can trigger FMLA. Also an adult child who has a mental disability qualifies an otherwise eligible ee for FMLA. I do agree, though, that all these mommas who want to go and 'be with' their adult daughters who have given birth are not ordinarily covered by FMLA. I assume if those individuals were 'incapable of self-care in three or more of the activities of daily living', the doctor would not have sent them home.

(edit) Uh-Oh. I re-read NaeNae and guess we said the same thing.

System

There was a case last year where a court said FMLA might give leave to fly to Germany to take care of her adult daughter, who was confined to bed because of complications during pregnancy. Gladys Navarro Pomares, et al., v. Pfizer. But to visit healthy grand-rugrats? I'd say no. To care for an adult kid after surgery? Yes. In-laws (and outlaws)? Nope.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Rockie

I can understand the "complications of pregnancy" scenario, but I can't understand why anyone feels that caring for an adult who had a normal delivery would qualify as a serious health condition. Sounds like they just want time off to spend with the grandchild under the guise of FMLA. Not covered!