Kara Sears
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year to care for their family members with a serious medical condition. While the FMLA covers children, spouses, and parents, it does not explicitly include parents-in-law. However, some states like Oregon and California have expanded their family leave laws to include in-laws. Additionally, employees can take FMLA leave to care for someone who stood in loco parentis, or in the role of a parent, when they were children.
| Characteristics | Values |
|---|---|
| FMLA Definition of Family | Spouse, child, parent, or someone who stood in loco parentis to the employee when the employee was a child. |
| FMLA Coverage | Eligible employees of covered employers with at least 50 employees within 75 miles. |
| FMLA Leave | Unpaid or used with employer-provided paid leave. |
| FMLA Restoration | Employees must be restored to the same or virtually identical position when they return to work. |
| FMLA Eligibility | Employees must have worked for at least 12 months with at least 1,250 hours of service in the last 12 months. |
| State Laws | Some states have leave laws that cover a broader range of family members, including in-laws. |
| FMLA Exclusion | In-laws are not mentioned in the federal FMLA and are therefore not covered. |
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What You'll Learn
FMLA does not cover in-laws
The Family and Medical Leave Act (FMLA) provides job-protected leave for eligible employees of covered employers for qualifying family and medical reasons. The FMLA defines a parent as a biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to the employee when the employee was a child. However, it does not include parents-in-law. While the FMLA allows employees to take unpaid time off to care for their children, spouses, or parents, in-laws are not mentioned in the Act. This means that the FMLA does not give employees the legal right to take time off to care for their in-laws.
The FMLA defines a child as a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is either under the age of 18 or 18 or older and incapable of self-care due to a mental or physical disability. Employees who have no biological or legal relationship with a child may still stand in loco parentis and be entitled to FMLA leave. However, this does not extend to in-laws. While spouses are included in the FMLA, the Act specifically states that this does not include parents-in-law.
The FMLA is a federal worker protection law, and employers are prohibited from interfering with or denying the exercise of any FMLA rights. Employees must be restored to the same or a virtually identical position when they return to work after FMLA leave. While the FMLA does not cover in-laws, it is important to note that some states have their own family and medical leave laws that may provide broader coverage. For example, in Oregon, individuals can take time off to care for a domestic partner, parent-in-law, grandparent, or grandchild. In California, prior to January 1, 2023, individuals could take time off to care for a domestic partner, sibling, grandparent, or grandchild with a serious health condition. As of January 1, 2023, California expanded its definition of family, allowing individuals to take time off to care for a "designated person," defined as "any individual related by blood or whose association with the employee is the equivalent of a family member."
While the FMLA does not cover in-laws, employees may still have other options to care for them. For example, employers may allow employees to take unpaid time off, especially if other employees have received similar leave. Additionally, employees may be able to take advantage of state laws that provide for family leave, as these laws may differ from federal law and offer broader coverage. It is important for employees to understand their rights and protections under both federal and state laws to make informed decisions regarding their leave options.
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FMLA covers children, spouses, and parents
The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. This includes caring for a family member with a serious medical condition. FMLA covers children, spouses, and parents, but notably does not include parents-in-law.
FMLA defines a "child" as a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis. This includes children who are under 18 or those 18 or older who are incapable of self-care due to a mental or physical disability. For military family leave, the child may be of any age. Employees with no biological or legal relationship to a child can still stand in loco parentis and be entitled to FMLA leave.
Spouses are included in FMLA, encompassing a husband or wife as defined or recognized in the state where the marriage took place, including same-sex and common-law marriages. If spouses work for the same employer, their combined FMLA leave may be limited for certain qualifying reasons.
FMLA defines a "parent" as a biological, adoptive, step, or foster parent, or any individual who stood in loco parentis when the employee was a child. This includes individuals who acted in the role of a parent, such as providing day-to-day care or financial support. Employees can provide documentation or a simple statement asserting the required family relationship.
While FMLA does not cover parents-in-law, some states have their own family and medical leave laws that may provide broader coverage. For example, Oregon allows individuals to take time off to care for a parent-in-law, while California's recent expansion of family definition includes a "designated person," allowing for more flexibility in taking leave.
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FMLA covers adult children with disabilities
The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave to care for their children, spouses, or parents or to deal with their own medical needs. While in-laws are not mentioned, employees can take FMLA leave to care for their adult children with disabilities. This is applicable if the adult child is incapable of self-care due to a serious health condition and the parent is needed to care for them.
The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. The FMLA regulations provide objective tests to determine whether a particular condition is a serious health condition under the FMLA. The determination of whether an impairment qualifies as a serious health condition must be evaluated on a case-by-case basis and can vary between individuals with the same disability. For example, an adult child with epilepsy controlled by medication would not qualify as they are not incapable of self-care due to their disability.
The FMLA adopts the Americans with Disabilities Act (ADA) definition of disability as a physical or mental impairment that substantially limits a major life activity, as interpreted by the Equal Employment Opportunity Commission (EEOC). This definition is inclusive and provides broad coverage, including mental or physical conditions that substantially limit one or more major life activities, such as standing, breathing, or communicating, or bodily functions such as brain or immune system functioning.
To be eligible for FMLA leave, employees must have been employed by a covered employer for at least 12 months and have had at least 1,250 hours of service during the 12-month period immediately before the leave started. The FMLA provides eligible employees with job-protected leave and requires the continuation of their group health benefits. Employees must be restored to the same or a virtually identical position when they return to work.
The Department of Labor has issued guidance about the availability of FMLA leave for employees to care for adult children with disabilities. This guidance provides insight for investigators, employees, employers, and courts to decide if FMLA is applicable in specific circumstances. It is important for caregivers to understand their rights and be open and honest with their employers about their needs.
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FMLA covers parents of employees
The Family and Medical Leave Act (FMLA) provides eligible 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. FMLA 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 defines a parent as a biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to the employee when they were a child. This means that the FMLA covers parents of employees, and eligible employees are entitled to take leave to care for their parents.
It is important to note that FMLA does not cover parents-in-law. This means that an employee cannot take FMLA leave to care for their spouse's parents. However, FMLA does cover situations where an employee needs to take leave to care for their child. In this context, a child is defined as a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis, who is either under the age of 18 or incapable of self-care due to a mental or physical disability.
Eligible employees can take FMLA leave to care for their adult children if they require active assistance or supervision due to a serious health condition. The determination of whether an impairment qualifies as a serious health condition is evaluated on a case-by-case basis. FMLA also allows eligible employees to take up to 26 weeks of unpaid, job-protected leave in a single 12-month period to care for a covered servicemember with a serious injury or illness.
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FMLA qualifying reasons
The Family and Medical Leave Act (FMLA) provides job-protected leave from work for family and medical reasons. The FMLA is a federal worker protection law that prohibits employers from interfering with, restraining, or denying the exercise of any FMLA right.
FMLA-qualifying reasons include:
- Caring for a spouse during inpatient surgery and recovery.
- Qualifying exigencies caused by the military deployment of an employee's spouse, child, or parent to a foreign country.
- Military caregiver leave when a family member is a current service member or a recent veteran with a serious injury or illness.
- Caring for a parent with a serious health condition, including providing psychological comfort.
- Transporting a child to physical therapy treatments and counselling for a related mental health condition.
- An employee's own medical needs.
FMLA leave may be unpaid or used at the same time as employer-provided paid leave. Employees must be restored to the same or a virtually identical position when they return to work after FMLA leave.
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Frequently asked questions
No, the FMLA does not cover in-laws. It allows employees to take unpaid leave to care for children, spouses, or parents, or to deal with their own medical needs.
It still wouldn't be covered by the FMLA, unfortunately. The FMLA only covers immediate family members.
This also wouldn't be covered by the FMLA. While your son's wife may be considered your daughter, she is not your biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis.
Yes, some states have leave laws that cover a broader range of family members. For example, in Oregon, individuals can take time off to care for a domestic partner, parent-in-law, grandparent, or grandchild.
This may be covered by the FMLA if your daughter-in-law is considered a "designated person". A designated person is defined as "any individual related by blood or whose association with the employee is the equivalent of a family member."
