FMLA Leave for grand child

demo_willis_com

We have an employee that had a grandchild requiring hospitalization. The parents needed to be in the hospital to care for the infant and then in turn required the grandparent (EE) to watch the second grandchild.

 I don't see this as an FMLA qualifying event since the grandparent is not the legal guardian of the grandchild.

Thoughts?

dhall111

No, I don't see how it could be FMLA.  They aren't the guardian for the grandchild. 

californian

Just a clarification -- although it doesn't sound like it applies in your case . . .

Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person/child.  Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. The grandparent does NOT have to be the legal guardian to be a loco parentis.

DOL just issued an aadministrator's interpretation on this issue too . . . http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.pdf

 

cappy

Californian [Y]

TXHRGuy

[quote user="cappy"]Californian [Y][/quote]

Ditto.