FMLA Leave for grand child
demo_willis_com
3 Posts
We have an employee that had a grandchild requiring hospitalization. The parents needed to be in the hospital to care for the infant and then in turn required the grandparent (EE) to watch the second grandchild.
I don't see this as an FMLA qualifying event since the grandparent is not the legal guardian of the grandchild.
Thoughts?
Comments
Just a clarification -- although it doesn't sound like it applies in your case . . .
Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the person/child. Persons who are in loco parentis include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. The grandparent does NOT have to be the legal guardian to be a loco parentis.
DOL just issued an aadministrator's interpretation on this issue too . . . http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.pdf
[quote user="cappy"]Californian [Y][/quote]
Ditto.