FMLA /Military Active Duty

robinhrgirl

We have an employee who will be assuming sole care of their grandchild while both parents are deployed to Kuwait. The child does not have an illness at this time. Should the child have a qualifying serious illness under FMLA would the benefits apply to her grandmother (our employee)? I was unable to find any information regarding this situation. Perhaps none exists.

Thank you,

POPEYE

Sec 825.113 of the Federal Regs. gives a little guidance on this. The term "In Loco Parentis" in my opinion would cover this.

Don D

That is correct. But you will not necessarily have to have a copy of a court order (which in this case does not exist). A letter from one's minister, circuit clerk, neighbors, or any other type of document you wish to accept (and set as a precedent) will be fine in any such cases. If I were you I would simply take the word of the grandparent and type a one liner myself and ask him to sign it at the point of FMLA which hopefully will not arise. Precedent will be the impact point down the road, in my opinion, as you probably would never be faulted for granting more than the law requires.

Theresa Gegen TX

I believe that the military REQUIRES single parents, or parents who are both in the military to execute a legal document that would give some type of guardianship rights or legal authority to whoever the children are left with.

I was in the Army during the first Gulf War and I recall information on this. I don't have kids so I never really worried about it.

You should ask the grandparent to give you a copy of whatever type of documentation she or he has about authority over the grandchild. I believe this would support FMLA rights.

Good Luck!

Leslie

I had a conversation last night with a woman who was going into the Navy but backed out when she refused to sign the paperwork giving legal guardianship of her son to her mother for six months (she was afraid her mother wouldn't give him back!). So there is some documentation out there...somewhere.

Whatever

I believe some kind of guardianship papers must drawn usually so that the guardian can make decisions re medical care, schooling etc. Although, I really hate to set precedence, I would probably treat this as a special case. It just seems like the right thing to do in these extraordinary times.