Keith Mack
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This includes military caregiver leave, which covers a parent of a covered servicemember, defined as a biological, adoptive, step, or foster parent, or an individual who stood in loco parentis to the covered servicemember. Notably, this term does not include parents-in-law. While FMLA does not specifically mention the use of leave for in-laws, certain states like Wisconsin have their own family and medical leave laws, allowing employees to take up to two weeks per year to care for a parent-in-law with a serious health condition.
| Characteristics | Values |
|---|---|
| What is FMLA? | The Family and Medical Leave Act |
| Who does it apply to? | Immediate family members (spouse, child, or parent) |
| Does this include parents-in-law? | Yes, but only in Wisconsin |
| What about foster parents? | Entitled to family leave for the serious medical condition of a foster child |
| What about military families? | Military caregiver leave includes a "parent of a covered servicemember" which means biological, adoptive, step or foster parents, but does not include parents-in-law |
| How much leave is allowed? | Up to 12 weeks per year |
| Can this be paid leave? | FMLA only requires unpaid leave, but an employee can choose to use accrued paid leave |
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What You'll Learn
FMLA for military families
The Family and Medical Leave Act (FMLA) provides workers with job-protected leave from work for certain family, medical, and military family leave reasons. FMLA is a federal worker protection law that prohibits employers from interfering with, restraining, or denying the exercise of any FMLA right.
FMLA for military caregiver leave allows eligible employees to take up to 12 workweeks of leave for qualifying reasons, known as qualifying exigencies, when their spouse, child, or parent is on covered active duty or under an impending call to covered active duty. This includes duty during deployment with the Armed Forces to a foreign country.
For military caregivers, a "son or daughter of a covered servicemember" means a covered servicemember's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, and who is of any age. A "parent of a covered servicemember" means a covered servicemember's biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to the covered servicemember. This term does not include parents-in-law. An eligible employee can take up to 26 workweeks of leave during a "single 12-month period" to care for a seriously injured or ill covered service member.
USERRA is a federal law that provides reemployment rights for veterans and members of the National Guard and Reserve following qualifying military service. It also prohibits employer discrimination based on a person's past USERRA-covered service, current military obligations, or intent to join the uniformed services. USERRA requires that servicemembers who conclude their tours of duty and are reemployed receive all benefits they would have obtained with continuous employment, except for short-term compensation benefits.
To request military service-related leave, employees will need to submit specific forms, such as the Request for Paid Family Leave (Form PFL-1) and Military Qualifying Event (Form PFL-5). They will also need to provide documentation of their family member's military service and any third-party meetings related to the leave request.
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FMLA for newborn care
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This includes the birth or adoption of a child, allowing both parents to take 12 weeks off for the birth of a newborn or the placement of an adopted or foster care child. This leave must be taken within 12 months of the birth or adoption and can be used at any time during this period.
FMLA also covers pregnancy-related health reasons, allowing new mothers to take unpaid leave for the last four weeks of their pregnancy and eight weeks after the child is born. This would be in addition to the 12 weeks of parental leave provided by the FMLA. The FMLA also allows for leave to care for a spouse, child, or parent with a serious medical condition. This includes caring for family members who are military service members with severe injuries or illnesses, for which leave may be extended for up to 26 weeks.
It is important to note that FMLA eligibility depends on the employer and employee meeting certain criteria. For instance, employers must have 50 or more employees, and employees must have worked for their employer for at least 12 months and 1,250 hours in the past year. Additionally, FMLA leave is unpaid, but employees can choose to use their accrued paid vacation leave or paid sick leave during this period.
While FMLA is a federal law, it is important to note that some states, such as Wisconsin and Minnesota, have their own family and medical leave laws that may provide greater leave rights or run concurrently with the federal FMLA. Therefore, it is essential to check the specific laws and eligibility requirements of the state in which you are employed.
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FMLA for parents
The Family and Medical Leave Act (FMLA) is a federal law that provides employees with up to 12 weeks of unpaid, job-protected leave per year to care for their parents with a serious health condition. This includes providing psychological comfort. The FMLA defines a parent as an employee's biological, adoptive, step, or foster parent, or someone who stood in loco parentis (i.e. "in the role of a parent") when the employee was a child. This could include grandparents, aunts, or other relatives who had day-to-day responsibilities to care for or financially support the employee.
To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months and have at least 1,250 hours of service in the 12 months before their leave starts. The employer must have at least 50 employees within 75 miles of the employee's worksite. FMLA leave can be taken continuously or intermittently, and employees must be restored to the same or a virtually identical position when they return to work. While on FMLA leave, employees can elect to use accrued paid vacation leave, or their employer may require them to do so.
It is important to note that FMLA does not provide compensation for caregivers, and it specifically excludes parents-in-law from its definition of "parent". However, some states, such as Wisconsin, have implemented their own family and medical leave laws that may include provisions for caring for parents-in-law. Additionally, there are other programs and paid family leave laws that can help offset lost income.
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FMLA for serious health conditions
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 workweeks of leave in a 12-month period for their own serious health condition or to care for a family member with a serious health condition. This leave may be taken all at once or in short blocks of time, and the employee must be restored to the same or a similar position upon their return to work.
A serious health condition is defined by the FMLA as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. Inpatient care refers to an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or treatment in connection with the overnight stay. Incapacity means that the individual is unable to work, attend school, or perform other regular daily activities due to their condition, its treatment, or recovery.
Both physical and mental health conditions qualify for FMLA leave. For example, an employee could take FMLA leave to take their child to a behavioural therapy appointment for attention-deficit/hyperactivity disorder (ADHD). It is important to note that FMLA leave may be unpaid, or an employee may elect to use accrued paid vacation leave, paid sick leave, or family leave for some or all of the FMLA leave period.
In addition to the standard FMLA leave, there is also a provision for military caregiver leave, which allows eligible employees to take up to 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. In this context, a "covered servicemember" includes the employee's spouse, son, daughter, parent, or next of kin, but does not include parents-in-law.
It is worth noting that FMLA requirements may vary at the state level. For example, in Wisconsin, an employee is entitled to take up to two weeks per year to care for a parent (including parents-in-law), child, or spouse with a serious health condition. This differs from federal FMLA, which allows for up to 12 weeks per year for similar reasons. In cases where an employee qualifies for both federal and state FMLA, the employee is entitled to the protections of whichever law provides the more favorable terms.
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FMLA for in-laws in Wisconsin
In Wisconsin, the Family and Medical Leave Act (FMLA) allows employees to take up to two weeks of leave per year to care for a parent, including parents-in-law, if they have a serious health condition. This law applies to all employers with 50 or more permanent employees, and employees are eligible for this leave if they have worked for the same employer for more than 52 consecutive weeks and at least 1,000 hours in the preceding 52-week period.
The Wisconsin FMLA runs concurrently with the Federal FMLA, which allows for up to 12 weeks of leave per year to care for a parent with a serious health condition. If an employee qualifies for leave under both laws, the more favorable terms apply, and the leave counts against both entitlements.
Under Wisconsin law, a serious health condition is defined as a disabling physical or mental illness, injury, impairment, or condition requiring inpatient or outpatient care and continuing treatment or supervision by a healthcare provider. Employees can take this leave intermittently or in blocks, as needed, and they can substitute accrued paid or unpaid leave.
Employers must maintain the same group health insurance coverage for employees during their leave, and employees can return to an equivalent position with the same benefits upon their return. If an employee ends their employment within 30 days of returning from family or medical leave, the employer may deduct their costs for health insurance coverage during the leave.
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Frequently asked questions
Yes, under the FMLA, an employee is entitled to take up to 12 weeks per year to care for a parent (including parents-in-law), child, or spouse with a serious health condition.
Nothing in the FMLA prevents employees from receiving protections under other laws. Workers have the right to benefit from all the laws that apply.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
