Caregiver of Grandparent & FMLA

3898931

If an employee is the primary caregiver of an elderly grandparent, is that employee eligible for FMLA to care for the grandparent when they become seriously ill?

cappy

That would depend on a couple of circumstances. Normally FMLA covers "spouse", "parent", "son", "daughter" but not a grandparent. However if the grandparent is in loco parentis - took the place of the child's parents for day to day physical and financial support - then the FMLA regulations will apply to care giving for the grandmother the same as if the grandparent were her parent. (29 C.F.R. 825.122 defines spouse, parent, son, daughter)

3898931

Thanks for your reply, Cappy.

TXHRGuy

[quote user="cappy"]That would depend on a couple of circumstances. Normally FMLA covers "spouse", "parent", "son", "daughter" but not a grandparent. However if the grandparent is in loco parentis - took the place of the child's parents for day to day physical and financial support - then the FMLA regulations will apply to care giving for the grandmother the same as if the grandparent were her parent. (29 C.F.R. 825.122 defines spouse, parent, son, daughter)[/quote]

[Y]  +1