FMLA Legal Guardian

Shadowfax

[font size="1" color="#FF0000"]LAST EDITED ON 03-10-05 AT 12:48PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 03-10-05 AT 12:47 PM (CST)[/font]

[font size="1" color="#FF0000"]LAST EDITED ON 03-10-05 AT 12:45 PM (CST)[/font]

Situation. Ee is legal guardian of her developmentally disabled brother. She is requesting FMLA leave to take care of him post surgery. Act says spouse, child or parent. Should I look elsewhere? Anyone with experience with this? Some resistance at mgmt to granting if don't have too.
I may have just found the answer. A treatise says child is defined as ...legal ward.. But I can't find the cite - anyonw know?

OK. Sorry. I asked before I lookd carefully. It is covered in the sec 101 definitions - duh -
but I would still be interested if anyone has had experience with this situation.

Don D

Shadow: Kudos! One post and three edits within 7 minutes moves you into the record books. You've become a mere Shadow of your former self.

The Act allows you to consider the sibling the parent in this situation. I have no doubt that a DOL investigator would roundly chastise you if you did otherwise.

deniseE

It's the legal guardian status that makes this situation different from a brother taking some time off to help his sister after surgery. They are still related, but in your case, the brother is actually a ward of his sister....she may even claim him as a dependant for IRS purposes...although, that's not required for legal guardianship of an adult.