Is caring for a grandchild covered under FMLA?
Is caring for a grandchild covered under FMLA?
From a literal reading of the FMLA, grandparents cannot receive FMLA leave to care for a grandchild. the grandparent stands in loco parentis to the grandchild, or. the grandparent is caring for a child through psychological and emotional support by taking care of the child’s child, that is, the grandchild.
Does FMLA cover elderly parents?
The FMLA allows employees who have an elderly parent with serious health problems to take unpaid leave, and offers job protection. Under the FMLA, employees may take up to 12 weeks annually of unpaid leave to care for ailing family member, including elderly parents.
Does FMLA work for grandparents?
Family members not covered by the federal FMLA include siblings, in-laws, grandparents and other extended family members unless those individuals stood “in loco parentis” to the employee when he or she was a minor.
Are grandparents considered immediate family?
Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins.
Can I use FMLA for my grandmother?
Unless an in loco parentis relationship existed when the employee was a “son or daughter,” an employee is not entitled to take FMLA leave to care for a grandparent or an aunt with a serious health condition.
Does FMLA cover inlaws?
You can take FMLA leave to care for your spouse, your son or daughter under the age of 18, or your parent. Your family member must have a qualifying serious health condition. You cannot use FMLA leave to care for a father-in-law or mother-in-law.
Are uncles covered under FMLA?
Under the FMLA, eligible employees may take leave to care for a spouse, parent, or child. Obviously, this does not specifically include aunts, uncles, siblings, or other family members.
Does California FMLA cover grandparents?
As currently defined, “family member” includes a minor child, parent and spouse. Effective January 1, 2021: The definition of “family members” will be expanded to include siblings, grandparents, grandchildren, domestic partners and adult children (as each is defined under the Act).
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