Cameron Miranda
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. This includes leave for a serious health condition, pregnancy complications, and military deployment. While FMLA covers a range of family relationships, it does not include parents-in-law. This means that an employee cannot directly take FMLA leave to care for their in-laws. However, they may be able to indirectly use FMLA to assist their spouse in caring for their in-laws, depending on the specific circumstances and the eligibility of their spouse. It is important to note that FMLA eligibility requires working for a covered employer for at least 12 months and having at least 1,250 hours of service in the 12 months before taking leave.
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What You'll Learn
FMLA does not cover parents-in-law
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. This leave is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.
FMLA covers leave for the employee's own serious health condition, the serious health condition of a parent, child, or spouse, and the birth or adoption of a child. However, it is important to note that the term "parent" in FMLA does not include parents-in-law. This means that employees cannot use FMLA leave to care for their parents-in-law, even if they have a serious health condition.
The exclusion of parents-in-law from FMLA coverage is explicitly stated in the definition of qualifying family relationships. The FMLA defines the family members for whom an employee can take leave as the employee's spouse, child, or parent. While the term "parent" includes biological, adoptive, step, or foster fathers or mothers, it does not extend to parents-in-law.
This exclusion means that employees cannot take FMLA leave to care for their spouse's parents, even if they play a significant role in their lives or if they are dependent on the employee for care. The FMLA also does not cover leave for the placement of a parent-in-law into foster care or a nursing home.
While FMLA does not cover parents-in-law, employees may have other options for taking time off to care for their spouse's parents. These options may include negotiating with their employer for unpaid leave or using paid time off, if available. Additionally, some employers may offer more generous family leave policies that include caring for extended family members, such as parents-in-law.
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Military caregiver leave
To be eligible for military caregiver leave, the employee must be the spouse, child, parent, or "next of kin" of the covered service member. "Next of kin" refers to the nearest blood relative, such as a sibling, who has been granted legal custody of the service member. If the service member has designated a non-blood relative as their next of kin in writing, that person may also be eligible for military caregiver leave.
The serious injury or illness must be incurred in the line of duty while on active duty, rendering the service member medically unfit to perform their duties. This includes pre-existing injuries or illnesses that were aggravated by their service. Employees can take this leave to help their family member recover from their injuries, receive treatment, or adjust to any long-term disabilities or impairments caused by their service.
It's important to note that military caregiver leave is available once per service member, per serious injury or illness. However, if the same service member experiences a different qualifying serious injury or illness in a new 12-month period, an additional 26 weeks of leave may be taken to care for them. This additional leave is separate from any other FMLA leave taken for different reasons.
The FMLA protects employees' rights to take this leave without interference or restraint from their employers. It also ensures that employees can return to their previous positions with continued group health insurance coverage, accommodating the interests of both employees and employers.
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Qualifying exigency leave
Under the Family and Medical Leave Act of 1993 (FMLA), most federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period for a number of purposes. Qualifying exigencies are one of the circumstances that entitle employees to up to 12 workweeks of unpaid FMLA leave during any 12-month period. Qualifying exigency leave is a FMLA-qualifying reason for which an eligible employee may use their entitlement to up to 12 workweeks of FMLA leave each year. An eligible employee may take all 12 weeks of their FMLA leave entitlement as qualifying exigency leave, or they may take a combination of 12 weeks of leave for both qualifying exigency leave and leave for a serious health condition.
- To address any issue that arises from the fact that a covered military member is notified of an impending call or order to covered active duty 7 or fewer calendar days prior to the date of deployment. Leave taken for this purpose can be used for a period of up to 7 calendar days beginning on the date a covered military member is notified of an impending call or order to covered active duty.
- To attend any official ceremony, program, or event sponsored by the military that is related to the covered active duty or call to covered active duty status of a covered military member.
- To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member’s covered active duty status.
- To address issues that arise from the death of a covered military member while on covered active duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements.
- To attend family support or assistance programs and informational briefings sponsored or promoted by the military, military services organization, or the American Red Cross that are related to the covered active duty or call to covered active duty status of a covered military member.
A call to active duty for purposes of leave taken because of a qualifying exigency refers to a Federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States pursuant to one of the provisions of law identified in support of a contingency operation. A military operation qualifies as a contingency operation if it is designated by the Secretary of Defense as an operation in which members of the Armed Forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force.
An employee may elect to substitute annual leave for unpaid FMLA leave for qualifying exigency purposes, consistent with current laws and the U.S. Office of Personnel Management’s regulations governing the use of annual leave. An employee must notify the agency of their intent to substitute annual leave for FMLA leave without pay prior to the date the leave commences. An employee may not retroactively substitute annual leave for previously taken FMLA leave without pay. FMLA qualifying exigency leave may be taken intermittently or on a reduced leave schedule. If the need for leave is foreseeable, the employee must provide notice as soon as practicable, regardless of how far in advance the leave is being requested.
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FMLA for newborn or newly placed child
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for the birth and care of a newborn or newly placed child. This includes children who are adopted or placed in foster care. The leave can be taken intermittently or on a reduced schedule, but only with the employer's approval and must be concluded within 12 months after the birth or placement. If the newborn or newly placed child has a serious health condition, a parent is entitled to take FMLA leave intermittently or work a reduced schedule to care for the child, even without the employer's agreement.
The FMLA also provides that an eligible employee is entitled to a combined total of 26 workweeks of military caregiver leave and leave for any other FMLA-qualifying reason in a single 12-month period. This means that an employee could take 12 weeks of FMLA leave to care for a newborn or newly placed child and an additional 14 weeks of military caregiver leave in the same 12-month period.
Additionally, the Fair Labor Standards Act (FLSA) provides covered employees with the right to take breaks at work to pump breast milk as needed for up to one year after giving birth to a child. Employers are required to provide eligible employees with a private place to pump that is shielded from view, free from intrusion, and not a bathroom.
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FMLA for serious health conditions
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year (FMLA leave year) to address their own serious health condition or that of a family member. This includes parents, children, and spouses. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider.
Inpatient care under the FMLA means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment connected with the overnight stay. Incapacity refers to an individual's inability to work, attend school, or perform other regular daily activities due to their condition, its treatment, or recovery.
FMLA also covers pregnancy complications, and military family leave provisions have been added to the FMLA to cater to the specific needs of military families. Eligible employees can take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
FMLA prohibits employers from interfering with or restraining an employee's right to take FMLA leave. Employers are also required to maintain confidentiality regarding an employee's health information. However, supervisors and managers may be informed about an employee's absence from work or any work duty restrictions or accommodations.
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Frequently asked questions
No, the term "parents" in the FMLA does not include parents-in-law.
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons while maintaining their group health insurance coverage.
You can contact the Wage and Hour Division (WHD) at 1-866-487-9243. You will be directed to the nearest WHD office for assistance.
