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FMLA for brother (employee was legal guardian of)

tbabcocktbabcock 3 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have an employee that is seeking FMLA to care for a brother (21 yrs old) who the employee was the legal guardian for until they were 18. The brother has a mental condition and the employee is seeking leave to care for them. Would this be covered under FMLA?
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  • NaeNae55NaeNae55 3,243 Posts
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    Your first post! Welcome!

    If your employee stands in 'loco parentis' they are qualified for FMLA the same as the actual parent:
    "The FMLA defines a "sor or daughter" as a "biological, adopted, or foster child, a stepchild, a legal ward, ora child of a person standing in loco parentis, who is-(A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability." 29 U.S.C. 2611(12)
    So the brother relationship will not matter in this case. What matters is if the employee's brother is incapable of self-care.
    Good luck!
    Nae
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