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Temporary Custody

njjelnjjel 1,235 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
An ee requested time off to travel to another state to pick up her grandson whom she was going to have temporary custody of. Am I correct that this does not qualify for FMLA leave since she isn't adopting the child, but getting temporary custody?
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  • LindaSLindaS 1,510 Posts
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    If they are being granted custody through a court order, I would cover this under FMLA. This would be the same situation as if an employee needed time off for adoption proceedings and/or travel to pick up the child. If this is just a "they will be staying with me for awhile" scenario, it would not be covered. If you have questions, ask for the court ordered custody order.
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  • njjelnjjel 1,235 Posts
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    Thanks for the response. I questioned this because it is temporary custody and also because it is not an adoption and the reg clearly states FMLA for "adoption". It says nothing about custody or temporary custody. I understand that a company may expand the letter of the law but as to the letter of the law, it was my feeling that custody and adoption aren't the same and therefore we were not "required" to give the ee FMLA.
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