Unborn Grandchild

ray a · June 2006

It's not uncommon for us to get requests from ee's to sign up for FMLA to care for seriously ill children, parents or spouses. Typically, these are for intermitten leave.

Today an ee asked if FMLA would cover her in regards to her unborn grandchild. The situation: Her son, the soon-to-be father, is in jail and can't care for his girlfriend. So the ee is taking responsibility for girl during her pregnancy. My immediate reaction was, no she's not qualified because it has to be an immediate family member and the girlfriend isn't one. The ee resonded asking about the grandchild, if that made a difference.

Opinions, please? Does this qualify for FMLA protection or not?

Whirlwind · June 2006

My understanding is that the FMLA doesn't apply to grandkids, born or unborn, unless the granparent is the custodial parent. Nor would it apply if the girlfriend were, instead, a daughter-in-law.

That said, would your company's policies or practices allow this woman to use her vacation leave or ordinary (non-FMLA) LWOP to provide the necessary care? Unless she is having pregnancy complications, I don't see that the time needed should amount to much.

ray a · June 2006

That was my understanding too, Just wanted a 2nd or 3rd or 4th opinion. EE's can use and are required to use their vacation/personal time for situations like this. The problem, this ee has used up most of her alloted time off and is in danger of disciplinary action.

marc · June 2006

Gee Ray, I might be forced to grant her application due to my complete misunderstanding of the situation. Oops, I did not really get the correct information.

ray a · June 2006

Huh? Marc, why would you have given an application? My misspelled words? x:-8

marc · June 2006

As usual, the density level of my communication is challenging at best. I meant her application for FMLA treatment.

In our shop, we have catastrophic leave available, so I could go that direction if necessary.

ray a · June 2006

If the ee was looking to take off several days to provide some kind of care or to travel out of state to be with a sick relative or friend, I would typically grant a Personal Leave of Absence. But, in this case the ee is just asking for intermittent time off to transport the girlfriend to the doctor's for her checkups. I would think there are other options available. Plus, this ee has a history of attendance problems and discipline.

HRQ · June 2006

Grandma wants time off to care for Mom-To-Be (MTB)during her pregnancy. MTB is not the employee's immediate family member, so FMLA woulnd't apply.

FMLA would apply for care of the baby, however, should a physician certify grandma specifically is needed to care for the child.

I think that might be the same as someone else's answer, just in different words.

In our company, if grandma wants to care for MTB, we would advise grandma she can apply for a personal leave of absence and we'd consider approval based on our business needs.

Sue2 · June 2006

"FMLA would apply for care of the baby, however, should a physician certify grandma specifically is needed to care for the child."

As Whirlwind said....FMLA doesn't apply to grandchildren unless the grandparent is the custodial parent.

WO · June 2006

My .02,

Not FMLA eligible, may approve vacation or personal leave.

Even in sick leave generous WA state it would not qualify unless Grandma was "in loco parentis".

Heaven forbid FMLA ever becomes eligible for the birth of a grandchild. I would have uncontrollable, unmanageable absences.

Unborn Grandchild

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