FMLA for family member
Ty
40 Posts
I have an employee who wants to use FMLA leave for the following situation.
Her 18yr old step-daughter who is living with her is pregnant and due to deliver soon. The step-daughter alson has a 15 month old that is also living with the employee. The children's father is not around to give the 18yr old any assistance. What the employee would like to know is can she take FMLA leave to care for the step-daughter's 15 month old while the mother is in the hospital, also can the employee take time off to also help with the care of the newborn when the time comes. The employee would like to know as soon as possible
Her 18yr old step-daughter who is living with her is pregnant and due to deliver soon. The step-daughter alson has a 15 month old that is also living with the employee. The children's father is not around to give the 18yr old any assistance. What the employee would like to know is can she take FMLA leave to care for the step-daughter's 15 month old while the mother is in the hospital, also can the employee take time off to also help with the care of the newborn when the time comes. The employee would like to know as soon as possible
Comments
#1 This is a step child, so under FMLA regs, it appears that it would be the employee's spouse's responsibility to take leave if this qualified as a serious health condition.
#2 This does not appear to be a serious health condition, but more of a day care situation.
I would say the employee would not qualify for the FMLA leave.
[font size="1" color="#FF0000"]LAST EDITED ON 09-13-02 AT 10:41 AM (CST)[/font]
>The FMLA regulations state that leave may be taken to care for the
>spouse, child or parent of the employee if such spouse, child or
>parent has a serious health condition.
>
>#1 This is a step child, so under FMLA regs, it appears that it would
>be the employee's spouse's responsibility to take leave if this
>qualified as a serious health condition.
>
>#2 This does not appear to be a serious health condition, but more of
>a day care situation.
>
>I would say the employee would not qualify for the FMLA leave.
I completely agree that this is more of a daycare situation than anything, however, I don't necessarily agree with #1 because, if you read through the DOL's definitions, a "son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability."
However, employee would not qualify because the step-child is over 18 years of age (and from what I can tell from the post, capable of self-care). In my non-legal opinion, the father of the 18 year old would not qualify either.
My suggestion would be to allow the employee to use vacation time (or other leave you may have available) to assist.