FMLA-Care of parents-in-law

qsausagelm · March 2002

I'm in Texas and we have an employee that has taken three weeks off (used accrued vacation time), but wants another two weeks so that she may care for an ill father-in-law. I have no trouble granting the request, but I do not wish to set a precedent for FMLA coverage for in-laws if the law does not apply. Does FMLA apply to parents-in-law as well as parents? Thanks

awilliams · March 2002

No, FMLA does not cover parents-in-law. The only possible exception would be if the in-law stood in loco parentis to the employee when the employee was a child, but I doubt that is the situation. Texas may have a state law that grants leave to care for an in-law, so you should check that out before you deny the claim.

Dottie · March 2002

I understand that the FMLA laws do not specifically cover parents-in-law. However, we have a similar situation wherein an employee has notified us that her mother-in-law is terminally ill. It is still unknown what care will be required for her as her time draws to an end. The employee has asked for permission to take leave to care for her if needed. I view the intent of the law as an attempt to treat employees humanely in terrible circumstances. I don't feel that a dangerous precedent will be set for our company if we draw the line at parents-in-law, and feel that employee morale in such a situation is a real concern. Does anyone see any hidden land-mines in this?

Gillian · March 2002

No. I think that the interests of positive employee relationships should take precedence. Whether it is FMLA or just time off (probably what I would do) it is the right thing to do.

Dottie · March 2002

Gillian --

Thanks, I hadn't really considered that approach. That helps.

FMLA-Care of parents-in-law

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