Kara Sears
The Family and Medical Leave Act (FMLA) is a federal worker protection law that allows eligible employees to take unpaid leave for up to 12 weeks in a 12-month period for specific family and medical reasons. While the FMLA covers leave for immediate family members like children, spouses, and parents, it does not explicitly include in-laws. However, there are certain scenarios where an employee may be eligible for FMLA leave to care for someone who stood in loco parentis, or in the role of a parent, when the employee was a child. Additionally, FMLA regulations have expanded the definition of disability, allowing more employees to take leave to care for their adult children with disabilities who are incapable of self-care. Understanding FMLA eligibility and entitlements can help employees navigate their rights and options when facing family or medical challenges.
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What You'll Learn
FMLA does not cover in-laws
The Family and Medical Leave Act (FMLA) does not include relationships with in-laws. It allows workers unpaid time off to care for their children, spouses, or parents or to deal with their own medical needs. However, in-laws are not mentioned in the FMLA, which means that it does not give you the legal right to take time off to care for your in-laws.
In-laws are not considered to be a part of the immediate family, and therefore, are not covered by the FMLA. The FMLA defines a family member as a spouse, child, or parent. A "child" under the FMLA includes a biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is of any age. A "parent" is defined as a biological, adoptive, foster, or step-parent, or an individual who stood in loco parentis to the employee when they were a child.
In loco parentis refers to a person who intends to take on the role of a parent by assuming and discharging the duties and obligations of a parent to a child. This relationship might exist even if the child has a biological parent. An employee may be entitled to take FMLA leave to care for a person who stood in loco parentis to them when they were a child, even if the employee also has a biological, step, foster, or another parent.
While the FMLA does not cover in-laws, you may still be able to convince your employer to grant you unpaid time off to care for your in-laws, especially if other employees have received similar leave. Additionally, if your in-law has a serious health condition and is incapable of self-care due to a disability, you may be able to take FMLA leave to care for them if you stood in loco parentis to them when they were a child.
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FMLA covers parents, children, and spouses
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. This includes caring for a spouse, child, or parent with a serious health condition. Notably, in-laws are not mentioned in the FMLA, which means that it does not give employees the legal right to take time off to care for them.
- Parents: Eligible employees can take FMLA leave to care for their biological, adoptive, step, or foster parents. Additionally, if someone stood in loco parentis (meaning they acted in the role of a parent) when the employee was a child, they may be entitled to FMLA leave to care for that person, even if the employee also has biological or other legal parents. This includes individuals who assumed the duties and obligations of a parent, such as providing day-to-day care or financial support.
- Children: FMLA allows eligible employees to take leave to care for their children, including adult children (over 18 years old) with a serious health condition who are incapable of self-care due to a mental or physical disability. The age of the child when the disability occurred is irrelevant. The FMLA adopts the Americans with Disabilities Act (ADA) definition of disability, which includes physical or mental impairments that substantially limit major life activities.
- Spouses: Employees can take FMLA leave to care for their spouses with a serious health condition. Additionally, if a spouse is a covered servicemember or military member on covered active duty, their spouse may take FMLA leave for qualifying exigencies, such as making alternative childcare arrangements, attending military ceremonies, or spending time with their spouse during Rest and Recuperation leave.
It is important to note that FMLA eligibility depends on specific criteria, and employees should refer to official sources or seek legal advice for their particular situation.
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FMLA covers those who stood in loco parentis
The Family and Medical Leave Act (FMLA) does not include relationships with in-laws. It allows workers unpaid time off to care for their children, spouses, or parents or to deal with their own medical needs. However, the FMLA does cover those who stood in loco parentis, meaning they have assumed parental status and carried out the obligations of a parent to a child. This includes grandparents, siblings, and others.
An eligible worker is entitled to take FMLA leave to care for a person who provided such care to the worker when the worker was a child. If the person stood in loco parentis to the employee while the employee was a child, the employee might be entitled to take FMLA leave even if they also have a biological, step, foster, or another parent. The in loco parentis relationship must have existed when the employee met the FMLA's definition of a "son or daughter," which is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, under the age of 18 or older and "incapable of self-care because of a mental or physical disability."
Factors that determine whether a person is in loco parentis to a child include the extent to which the parental figure performs duties commonly associated with parenthood. The fact that a child has a biological parent at home does not prevent an employee from standing in the role of a parent to the child. The FMLA does not restrict the number of parents a child may have.
For example, an employee might use FMLA leave to care for their aunt or grandfather if they acted as a parent to them when they were a child. An employee who was raised by same-sex parents, only one of whom has a biological or legal connection with the employee, may take leave to care for either parent based on an in loco parentis relationship. An employee who shares responsibility for raising a grandchild may take FMLA leave to care for the grandchild when they have a serious health condition.
Employers may request that employees provide reasonable documentation or a statement claiming the family relationship. Employees may satisfy this request by providing a simple statement asserting that the required family relationship exists.
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FMLA military caregiver leave
The Family and Medical Leave Act (FMLA) does not include in-laws in its provisions. It allows workers to take unpaid leave to care for children, spouses, or parents, or to deal with their own medical needs. Therefore, a daughter-in-law cannot take FMLA leave to care for an in-law. However, a daughter-in-law may be able to convince her employer to give her unpaid time off, especially if other workers have received similar leave.
The FMLA does, however, provide eligible employees with the ability to take job-protected military caregiver leave to care for a current service member or recent veteran with a serious injury or illness. This includes a spouse, child, parent, or next of kin of the covered service member. A serious injury or illness is defined as one incurred in the line of duty while on active duty that may cause the service member to be medically unfit to perform their duties. It also includes pre-existing injuries or illnesses that were aggravated by service duties.
Eligible employees can take up to a total of 26 workweeks of unpaid leave during a single 12-month period to provide care for the service member or veteran. This 12-month period begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the employer's established 12-month period for other FMLA leave reasons. An eligible employee can use up to 12 of the 26 weeks for an FMLA-qualifying reason other than military caregiver leave or up to 26 weeks solely for military caregiver leave.
Covered employers under the FMLA's military caregiver leave provisions include private-sector employers with 50 or more employees in 20 or more workweeks in the current or previous calendar year, public agencies and government employers regardless of the number of employees, and local educational agencies.
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FMLA and state laws
The Family and Medical Leave Act (FMLA) is a federal worker protection law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This includes employees of public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. To be eligible, employees must have worked for their employer for at least 12 months and at least 1,250 hours over the past 12 months.
FMLA leave can be taken for the following reasons:
- Birth and care of a newborn child
- Placement of a child for adoption or foster care
- Care for an immediate family member (spouse, child, or parent) with a serious health condition
- The employee's own medical leave due to a serious health condition
While FMLA covers biological, adoptive, step, or foster parents, it does not specifically include in-laws. This means that an employee does not have the legal right to take time off to care for their in-laws under FMLA. However, they may be able to request unpaid time off from their employer, especially if other employees have received similar leave. Additionally, an employee may be entitled to FMLA leave if the in-law stood in loco parentis, meaning they acted in the role of a parent when the employee was a child.
It is important to note that some states have their own family and medical leave laws that may differ from federal law, and employees are entitled to the benefits provided by all applicable laws. The states with similar statutes include California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
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Frequently asked questions
No, the FMLA does not include in-laws. However, the daughter-in-law's spouse may be able to take FMLA leave to care for their mother.
Yes, in this case, the daughter-in-law may be entitled to take FMLA leave to care for her mother-in-law.
No, FMLA leave can be unpaid or used at the same time as employer-provided paid leave.
No, employers are prohibited from interfering with, restraining, or denying the exercise of any FMLA right.
If you believe that your FMLA rights have been violated, you may file a complaint with the Wage and Hour Division or file a private lawsuit against your employer in court.
