FMLA - Care for grandchildren while mom is at hospital with newborn

Trish · June 2003

An employee wishes to take FMLA leave while her daughter is two hours away with her newborn in a specialized neonatal hospital. Our employee would stay home to care for her two small grandchildren while mom is away. Would FMLA leave apply for such a circumstance? She could need two weeks or more off.

Nick Ogden · June 2003

Yes, FMLA will apply. They would be considered immediate family.

LindaS · July 2003

I have to disagree with Nick with regard to the fact that grandchild would be considered immediate family. The federal FMLA defines immediate family member as spouse, parent or child but does not extend to grandchildren. The serious health condition is not one her daughter suffers from, but one her grandchild suffers from.

That being said you may want to look at granting a leave of absence to the employee, if leaves of absence for other reasons have been granted by your company in the past.

POPEYE · July 2003

I would have to agree with LindaS. This would not be a qualifying event. Also, please make sure that any Personal Leave or other time off falls within your written policy and your not making exceptions.

Nat · July 2003

I agree that this is not an FMLA qualifying event for the grandmother. If your policies allow, you can give her the leave, just not as FMLA. If we could, we would probably allow her to take vacation time for this.

SDDCHR · July 2003

Grandparents would be considered for FMLA if they had custody/control of the grandchild. Another thing to keep in mind is the opposite and that is an employee wanting to take care of a grandparent. The only way they are eligible for FMLA is if the grandparent acted in place of the parent while the ee was a child.

Don D · July 2003

But, in any event, even under your scenario, FMLA would not extend to the grandparent serving in loco parentis who is merely caring for not-ill-children. The situation, as given, does not seem to be one I can hang an FMLA hat on.

Rockie · July 2003

Sorry. Caring for children is not a serious health condition or covered under FMLA. The employee would need to take PTO or vacation time for this or a leave of absence.

blw · July 2003

While the grandmother might not qualify under FMLA, the childcare would. There have been cases where a parent took time off to care for children the other hospitalized parent otherwise would have been caring for. It was ruled eligible.

FMLA - Care for grandchildren while mom is at hospital with newborn

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