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Caregiver of Grandparent & FMLA

38989313898931 3 Posts
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If an employee is the primary caregiver of an elderly grandparent, is that employee eligible for FMLA to care for the grandparent when they become seriously ill?
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  • cappycappy 217 Posts
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    That would depend on a couple of circumstances. Normally FMLA covers "spouse", "parent", "son", "daughter" but not a grandparent. However if the grandparent is in loco parentis - took the place of the child's parents for day to day physical and financial support - then the FMLA regulations will apply to care giving for the grandmother the same as if the grandparent were her parent. (29 C.F.R. 825.122 defines spouse, parent, son, daughter)
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  • 38989313898931 3 Posts
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    Thanks for your reply, Cappy.
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="cappy"]That would depend on a couple of circumstances. Normally FMLA covers "spouse", "parent", "son", "daughter" but not a grandparent. However if the grandparent is in loco parentis - took the place of the child's parents for day to day physical and financial support - then the FMLA regulations will apply to care giving for the grandmother the same as if the grandparent were her parent. (29 C.F.R. 825.122 defines spouse, parent, son, daughter)[/quote]

    [Y]  +1

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