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FMLA for a parent-in-law

denisekdenisek 24 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an exempt employee who has questioned if FMLA is available for the purpose of caring for his mother-in-law? I looked through my FMLA paperwork and find the statement "to care for parents". However, I thought I had seen or heard something to the effect of parents in law covered under that statment. So if anyone has come across this situation, I'd appreciate any information you can share with me.
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  • NaeNae55NaeNae55 3,243 Posts
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    My handy little book, "FMLA Leave: A Walk Through the Legal Labyrinth" which I downloaded from this site says that the parent must be biological or "who stood 'in loco parentis' to an employee when the employee was younger." This would disqualify most, if not all, in-laws.

    Hope this helps. Good luck!
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  • LindaSLindaS 1,510 Posts
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    Actually, NaeNae is correct with regards to the federal FMLA law but the Wisconsin FMLA goes one step further. Under Wisconsin FMLA, parent-in-laws ARE covered! So if the employee has leave available to them under Wisconsin (meaning that they haven't used their entitlement already and have enough time with the company), as long as the condition qualifies as a "serious health condition", they would be eligible for the leave. One additional thing to keep in mind, "to care for" also includes psychological care. If you have any additional questions, go to [url]www.dwd.state.wi.us[/url] from there click on the Family and Medical Leave option and you will find a very easy to understand chart which summarizes the difference between the federal and Wisconsin laws.

    This website has proven EXTREMELY helpful to me as well as other HR colleagues here in Wisconsin.

    Good Luck!
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  • MinMin 42 Posts
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    I actually received an email from our Hospital administrator regarding some changes for FMLA in 2003. One of them was the use of FMLA for in-laws. I am trying to find it so I can relay it exactly how it was sent to her. As soon as I get it I will let you know.

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  • AnneLaAnneLa 328 Posts
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    Rhode Island also recognizes parents-in-law for FMLA purposes.
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  • RockieRockie 2,136 Posts
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    Under the Federal law, parents in law are not covered; however, some states are more generous than the federal law, so you would need to check your state statutes.


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