"Loco Parentis"

LindaS

How would you handle...

I have an employee whose granddaughter has a serious health condition. He has requested FMLA leave to drive his daughter and granddaughter (along with his wife) to doctor's appts. as they do not like driving during the winter.

I have informed him that he would not qualify for FMLA as he is not standing in "loco parentis" for the granddaughter (I did, however, offer him an alternative) but the union is now claiming that he does qualify for FMLA leave.

Any thoughts?

HRinFL

If the granddaugher does not live with the ee and he is not primarily responsible for her care, he does not qualify. I think you showed a willingness to work with the ee by discussing alternatives. I do not think the fact his daughter does not like to drive during the winter is not a valid excuse for him taking time off. What is the union's argument for this guy qualifying?

LindaS

Honestly, I don't know what their basis is. I was stopped by a committee member yesterday who said, "By the way, XXX qualifies for FMLA leave for his granddaughter". I did not get into a long discussion with her about it but she informed me that she had received the FMLA regulations from the DOL. I told her that I would research it further and would get back to her.

System

[font size="1" color="#FF0000"]LAST EDITED ON 01-12-05 AT 09:28AM (CST)[/font][br][br]Based on what you provide, I say he does not qualify. Unless the grandaughter is in his care by custody or guardianship, he does not qualify under loco parentis. FMLA does not provide for absences because the parent does not want to drive. I would allow approved personal or vacation time if he has it, but I would still expect some advance notice. I'd be interested in knowing on what facts the union is basing their opinion.

(edit - I fixed my second sentence)

Don D

Deja Vu. Have we not had this same exact question posed before?

Had I been you, I would have asked the 'committee member', "Can you make a copy of the page you're referencing and highlight for me the part you think qualifies the grandfather?"

No, the grandfather is not qualified.