FMLA for brother (employee was legal guardian of)
tbabcock
3 Posts
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?
Comments
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