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FMLA
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If you have an employees who's sister is in hospice and needs the employee to help care for her, can that employee go out on FMLA?
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Forums » Topic Forums » Legal Forum » FMLA
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FMLA
posted at 8/3/1999 3:50 AM EDT
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Posts: 8
First: 7/25/1999 Last: 8/11/2000 |
All of the guidelines I have ever read, including the DOL's Federal Regulations Part 825 state that FMLA entitles an eligible employee to take leave "in order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition." Siblings, in-laws, etc... not included. |
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FMLA
posted at 8/3/1999 4:18 AM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I agree with Adamico, who is quoting, nearly verbatim, from 29 U.S.C. Sec. 825.112(a)(3). If the employee's relative was a spouse, parent, son or daughter, the employee's right to FMLA leave depends on whether the relative is "incapable of self-care," as that term is defined in Sec. 825.113. |
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FMLA
posted at 8/12/1999 5:15 PM EDT
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Posts: 30
First: 8/12/1999 Last: 2/4/2000 |
Although the FMLA does not cover siblings outright, I would think that FMLA would apply if the sister is the employee's dependent or if the employee stands "in loco parentis" (meaning "in the place of the parent") to the sister. |
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